The Court also rejected other procedural complaints raised by the wind opponents, who complained that they had been unfairly
denied adjournments or other procedural requests during the Environment Review Tribunal hearings.
On judicial review, courts are reluctant to second guess the decision not to grant an adjournment, as the discretion to permit or
deny an adjournment «falls squarely within the discretion» of the adjudicator: Senjule v. Law Society of Upper Canada, 2013 ONSC 2817.
Moreover, the record did not support the appellant's claim that he was denied procedural fairness because the trial judge
denied his adjournment request without fully hearing from the parties.
It was open to the trial judge to
deny an adjournment, in the exercise of her discretion.
Not exact matches
Justice Abang granted the application for
adjournment only on the basis of the newly filed additional proof of evidence, noting that «though justice delayed is justice
denied; justice rushed is justice crushed».
In reasons for judgment released today, the BC Court of Appeal overturned the order of a Master
denying the defendant costs thrown away in circumstances where the plaintiff was successful in obtaining an
adjournment of an impending trial.
When that motion was
denied, the defendant sought, and was refused, an
adjournment.
Did the motion judge err in
denying the request for a second
adjournment of the respondent's motion for summary judgment?
(3) Did the
adjournment of the trial cause serious prejudice to the appellants, effectively
denying them meaningful access to justice?
The appellant argues that the motion judge erred in
denying the request for a second
adjournment of the respondent's motion for summary judgment.
The decision to refuse A.R. a short
adjournment to obtain replacement counsel in effect
denied her the right to...