In a certified class action, the Attorney General of Canada moved for an order adjourning a summary judgment motion sine die, pending the outcome of appeals in two related cases concerning administrative segregation.
Canada argued that an adjournment would prevent duplication of resources, inconsistencies in law, and allow for streamlining of issues, consistent with the Courts of Justice Act.
The plaintiff opposed the adjournment, citing substantial prejudice due to delay after two years of litigation.
The court refused the adjournment, finding that proceeding with the summary judgment motion was more efficient and fair, as the evidentiary record was complete, and the case should be decided based on existing law.
The court emphasized that an adjournment would waste prior work and add to costs, and that justice delayed is justice denied.
