The Discretion of a Judge to Grant an Adjournment

At common law, the authority of a court to grant an adjournment exists for both superior courts and inferior courts within the jurisdiction of the court to control its own process. Figliola v. Ontario (Director, Family Responsibility Office) , 2009 ONCJ 275, at paras. 27, 28. The decision to grant or not to grant an adjournment is a matter that is within the discretion of any trial judge. R. v. Patel , 2018 ONCA 541, at para. 3 See R. v. Violette , 2008 BCSC 472 (CanLII); Manhas v. The Queen , [1980] 1 SCR 591, 1980 CanLII 172 (SCC). The test for appellate review of the exercise of judicial discretion is whether the judge at first instance has given sufficient weight to all relevant co...