During a judge-alone trial for sexual assault and sexual interference, the defence sought an adjournment to retain a new expert witness regarding the accused's cognitive functioning, after their initial proposed expert was rejected.
The Crown opposed the adjournment.
The court granted the application, finding it prudent to reserve determination on the admissibility of the new expert's evidence until a voir dire could be held, as the evidence could potentially be relevant to the mens rea component of the offences.