CONTINUATION OF TRIAL MATTERS AT METRO WEST COURT
Whereas it is essential for the due administration of justice that trial matters proceed to an expeditious conclusion;
And Whereas respect for the administration of justice is enhanced when trial matters which do not conclude on the day on which they commence do not extend over prolonged periods of time, thereby causing inconvenience and unnecessary expense to witnesses, complainants, accused persons, counsel and the public generally;
And Whereas trial matters involving determinations of credibility are best resolved in as expeditious manner as possible:
Counsel appearing in trial courts at Metro West are advised that commencing January 1, 1999, the general rule will be that once a trial commences, it will be expected to continue from day to day until it concludes.
While the presiding judge may, having regard to all the circumstances, consider whether in exceptional circumstances a brief adjournment of the trial to a continuation date may be appropriate, such adjournments are undesirable in cases involving determinations of credibility.
All counsel are expected to make realistic estimates of trial time when appearing in the set date court, and to consult the trial coordinators’ office when more than one day of trial time is required. The practice of coming to court with a large number of witnesses, without advance notice, or setting a date for trial without considering additional time required for Charter motions or other legal issues is to be discouraged, as it results in inconvenience to the public on matters which cannot be reached and frustrates the proper scheduling of trial time.
Counsel’s attention is also drawn to rule 27 of the Rules of the Ontario Court of Justice in Criminal Proceedings respecting judicial pre-hearing conferences. Such meetings afford an excellent opportunity for not only considering resolution discussions, but for making realistic estimations of trial time after a full and frank discussion of the merits of the matter, including admissions on non-contentious aspects of the evidence, reviewing disclosure requirements and giving notice of Charter motions and other legal issues.
WALTER S. GONET
Regional Senior Judge