What are the factors a court should balance when considering an adjournment request?

Ontario, Canada


The following excerpt is from Re Bankruptcy of Kellie Casey, 2011 ONSC 2190 (CanLII):

In the Law Society of Upper Canada v. Igbinosun the Court of Appeal reviewed the factors a court should balance when considering an adjournment request: A non-exhaustive list of procedural and substantive considerations in deciding whether to grant or refuse an adjournment can be derived from these cases. Factors which may support the denial of an adjournment may include a lack of compliance with prior court orders, previous adjournments that have been granted to the applicant, previous peremptory hearing dates, the desirability of having the matter decided and a finding that the applicant is seeking to manipulate the system by orchestrating delay. Factors which may favour the granting of an adjournment include the fact that the consequences of the hearing are serious, that the applicant would be prejudiced if the request were not granted, and a finding that the applicant was honestly seeking to exercise his right to counsel and had been represented in the proceedings up until the time of the adjournment request. In weighing these factors, the timeliness of the request, the applicant's reasons for being unable to proceed on the scheduled date and the length of the requested adjournment should also be considered.[4]

Other Questions


What are the factors that a court should consider when considering a request to relocate on a temporary basis? (Ontario, Canada)
In what circumstances will the Court of Appeal in Canada accept a request from a party to travel to Canada from a court in Canada to request to travel abroad? (Ontario, Canada)
What is the test for enforcement of a request to obtain an order from a court in Canada from a foreign court? (Ontario, Canada)
What factors are considered by the Court in deciding whether to allow a plaintiff to sue for damages in a separate action against a landlord? (Ontario, Canada)
What factors will the court consider in determining whether to award damages to a plaintiff in a motor vehicle accident in a different county? (Ontario, Canada)
What factors should the court consider when determining a child’s best interests? (Ontario, Canada)
When will a court consider the location of expert witnesses as a factor in determining the venue of a trial? (Ontario, Canada)
What factors must a court consider when deciding costs in a personal injury action? (Ontario, Canada)
What factors will the court consider when retroactively reducing child support? (Ontario, Canada)
What factors will the court consider in determining whether to consolidate two separate actions at the same time? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.