Saturday, November 29, 2014

Adjournment for absent witness

R. v. Evic, 2014 NUCA 1:

The Crown maintains on appeal that the trial judge erred in her application of the test for an adjournment based on the non-attendance of a witness as set out by the Supreme Court of Canada in Darville v. The Queen, [1956] SCJ No. 82 [Darville]. The test is the following:


There was no disagreement before us as to what conditions must ordinarily be established by affidavit in order to entitle a party to an adjournment on the ground of the absence of witnesses, these being as follows:


(a)   that the absent witnesses are material witnesses in the case;


(b)   that the party applying has been guilty of no laches or neglect in omitting to endeavour to procure the attendance of these witnesses;


(c)   that there is a reasonable expectation that the witnesses can be procured at the future time to which it is sought to put off the trial. Darville, above, at para. 13 

(Respondent's factum, para. 11)


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