752 V O L . 7 5 P A R T 5 S E P T E M B E R 2 0 1 7 THE ADVOCATE
iii. whether an adjournment creates a possible breach of the time
requirements set out in Jordan;
iv. potential prejudice to a fair hearing as a result of the adjournment;
v. the existence of prior adjournments on each case; and
vi. the availability of alternate dates for each case.
Requirements of Cases
c. The requirements of the cases in both courts, including:
iii. vulnerable witnesses (e.g., children (including protection
matters in the Provincial Court), sex offence victims, domestic
iii. out of town witnesses;
iii. expert witnesses;
iv. the availability of the witnesses in the future if the trial is to
be moved; and
v. any other factors which impact the urgency of the matter to
the parties in both cases.
3. Where there is a continuing jury trial in the Supreme Court, the above
considerations do not apply and the presiding justice may order the
ongoing jury trial to take precedence over any other trial set in the
Provincial Court, or any judge-alone trial set in the Supreme Court.
Austin F. Cullen
Associate Chief Justice
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