Adjournments (Changing your trial date)

An adjournment is a suspension of your trial— meaning that your trial date will be moved to a later time. In the future, Winston will keep track of any adjournments caused by the prosecution, as they could result in you having a possible Charter argument under s. 11(b).

A 2009 case from the Ontario Court of Appeal, Law Society of Upper v. Igbinosun, discusses certain factors that can influence a Justice to grant or deny an adjournment.

Factors supporting the granting of an adjournment

  • the consequences of the hearing are serious;
  • the requester would be prejudiced if the request were not granted; and
  • the requester was making honest efforts to avoid an adjournment (for example, honestly seeking to exercise a right to counsel).

Factors supporting the denial of an adjournment

  • a lack of compliance with prior orders;
  • previous adjournments that have been granted to the requester;
  • previous peremptory hearing dates;
  • the desirability of having the matter decided; and
  • a finding that the requester is seeking to “manipulate the system by orchestrating delay”.

Other factors to consider

  • the timeliness of the request;
  • the reasons for being unable to proceed on the scheduled date; and
  • the length of the requested adjournment.