What is the test for adjournment in a personal injury case?
Yukon, Canada
The following excerpt is from R. v. Germaine, 2011 YKTC 45 (CanLII):
The test for an adjournment as set out in Darville v. The Queen, 1956 CanLII 463 (SCC), [1956] S.C.J. No. 82, is 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 … and (c) that there is a reasonable expectation that the witnesses would be present at a future date if a postponement is granted.
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