What is the test for adjourning a trial on the grounds of the absence of witnesses?
Northwest Territories, Canada
The following excerpt is from R v D.B., 2011 NWTTC 18 (CanLII):
In Darville v. The Queen, 1956 CanLII 463 (SCC), [1956] S.C.J. No. 82, 116 C.C.C. 113, 25 C.R. 1. , it was held that the conditions that must ordinarily be established in order to entitle a party to an adjournment on the ground of the absence of witnesses are: 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.
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