Martin v. Canada ( Minister of Employment and Immigration )
T-2643-93
Gibson J.
29/1/99
9 pp.
Motion to adjourn-Trial of matter scheduled for three weeks in London, Ontario beginning January 18, 1999-Court advised lead counsel for plaintiffs called to trial in Ontario Court (General Division) in London commencing January 4, 1999-Court advising counsel trial of matter would proceed as scheduled-At opening of trial on January 18, plaintiffs' cocounsel presented motion to adjourn trial or stand matter down-Motion rejected-On morning of third day of trial, counsel for plaintiffs presented oral motion requesting Court to withdraw order of January 18 or vary it-Motion rejected-Court having no authority to entertain motion in nature of appeal from own decision-Matter not within contemplation of r. 399(2)(a)-Decision in Saywack v. Canada (Minister of Employment and Immigration), [1986] 3 F.C. 189 (C.A.) applied-Right of plaintiff to counsel of her choice not overriding public interest in expeditious, effective administration of justice in accordance with tradition of Court of commencing trials on days fixed by Court order substantially in advance of date identified-Actual prejudice to plaintiffs should be necessary to justify denial of adjournment-Delay of ten weeks contemplated in T1T2 Limited Partnership v. Canada (Attorney General), [1995] O.J. No. 3049 (Gen. Div.) (QL)-If present case not completed within three weeks, given schedules of counsel, Court, resultant delay could be substantially in excess of ten weeks-Matter commenced in 1993-Not in interests of justice risk of further substantial delay be assumed-Motion dismissed-Federal Court Rules, 1998, SOR/98-106, r. 399(2)(a).