The appellant, plaintiff in a personal injury action where liability was admitted, sought a six-month adjournment of the trial because she lacked up-to-date medical reports.
The motion judge denied the request, citing delays and fading memories, which led to the action being dismissed when the appellant called no evidence.
The Court of Appeal allowed the appeal, finding the motion judge failed to consider that liability was admitted and that the respondents would suffer no non-compensable prejudice from a short adjournment.
The action was reinstated and a new trial ordered.
