14 Apr 2021
The court exercised its discretion to adjourn because the plaintiff's unexpected death constituted exceptional circumstances; defendants failed to demonstrate specific prejudice from delay; accordingly the balance favoured adjournment, but the plaintiff (estate) must pay defendants' costs of and occasioned by the adjournment and vacating of the trial.
14 Apr 2021
The untimely death of the plaintiff constituted exceptional circumstances engaging the court's discretion; on balancing the need for fairness and the absence of specific evidence of prejudice to defendants, the trial was properly adjourned to permit the Executors to obtain substitute evidence, and the plaintiff (estate) was ordered to pay defendants' costs occasioned by the adjournment.
14 Apr 2021
The court exercised its discretion to adjourn the trial because the plaintiff's untimely death constituted exceptional circumstances, defendants did not demonstrate specific prejudice from delay, and fairness required allowing the Executors reasonable time to obtain substitute evidence; accordingly the trial was vacated and the plaintiff (estate) ordered to pay defendants' costs of the adjournment and costs thrown away, taxed party-and-party if not agreed.
5 Dec 2005
Leave to amend pleaded defence and to file supplemental documents and witness statements was granted because the application was made in good faith based on newly discovered documents, the proposed amendments raised arguable issues drawn from those documents, the Defendant had satisfactorily explained the delay and lack of better witnesses, and any prejudice to the Plaintiff could be remedied by costs and did not require adjournment; admissibility and weight of evidence reserved for trial judge.