What is the test for aggressive case management in the context of pre-hearing procedures in an application?

Nova Scotia, Canada


The following excerpt is from Nova Scotia v. Roué, 2013 NSCA 94 (CanLII):

In short, this process commands aggressive case management where all pre-hearing procedures are tailored to meet predetermined pre-hearing dates. In Guest v. MacDonald, 2012 NSSC 452, Moir J. made similar observations: ¶23 The application provides judicial management, and assignment of dates for the hearing, at the beginning. The action, with some exceptions such as case management, leaves the litigation in the hands of the parties until one of them calls for trial dates. Judges who give directions at the beginning of applications, and judges who set trial dates, need as much information as can be given to measure the amount of time required for the hearing or trial and when the parties will be ready. But, the judge who gives directions also needs to be able to set a path over a short distance for disclosure, production of affidavit evidence, discovery, out-of-court cross-examination, and so on. The presumption in this Rule recognizes that an application has a problem with a party who legitimately holds cards close to the chest.

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