Background:

• MacIntyre, an Ontario resident, filed a lawsuit in 2016 for personal injuries from a slip and fall accident in 2014 at the Defendant’s inn.
• Multiple legal representation changes led to delays. Her original lawyer (Balena) ceased acting for her without clear communication, causing complications.
• The Finish Date (final pre-trial deadline) was January 3, 2025.

Legal Basis for Adjournment:

• Nova Scotia Civil Procedure Rule 4.20 governs adjournments after the Finish Date. It requires the court to consider:
  1. Prejudice to the Plaintiff if forced to proceed.
  2. Prejudice to the Defendant if the trial is delayed.
  3. Public interest in judicial efficiency.
• The Defendant argued any prejudice to the Plaintiff was self-inflicted due to delays in obtaining expert evidence (e.g., economic loss report).

Court’s Decision:

• The court granted the adjournment to allow the Plaintiff time to secure an economic loss report, deemed crucial to her case.
• The trial was rescheduled for April 2027 with a new Finish Date of February 26, 2027.
• No costs were awarded for the motion, but the Defendant may seek compensation for expenses due to the delay.

Key Takeaways:

• A significant delay (over two years) was granted due to ineffective legal representation.
• The court prioritized fairness to the Plaintiff over concerns of judicial efficiency and Defendant’s inconvenience.
• The Plaintiff insisted on a jury trial, which factored into the decision.