Failure to cross examine promptly may bar adjournment request

Vista Bahia LP v. Cleaver Crawford LLP, 2015 ONCA 77:

[14]       The record confirms that the date of the application – July 24, 2014 – was fixed at Heritage's request to accommodate the schedule of Heritage's counsel.  The record also reveals that Heritage had indicated its intention to conduct cross-examinations as early as June 21, 2014, some four and one-half weeks before the agreed application hearing date.  Yet, Heritage took no steps to cross-examine, even when it learned that CC LLP did not intend to file any affidavit materials on the application.  Instead, Heritage simply elected to attend before the application judge on the return date of the application to request an adjournment.

[15]       In these circumstances, Heritage cannot be heard to now complain of the consequences of its own tactical decision not to seek to cross-examine before the return date of the application.  Heritage had ample opportunity to cross-examine and elected not to do so.