How to Adjourn a Small Claims Court Hearing in Ontario

Your settlement conference or trial date is set, and something has come up — a medical emergency, a scheduling conflict, a key witness who can't attend. You need the hearing postponed, but Small Claims Court dates aren't rescheduled just because you ask.

Adjournments Are Discretionary

Under the Rules of the Small Claims Court (O. Reg. 258/98), the presiding judge has discretion to grant or refuse an adjournment. There is no automatic right to one, and judges are generally reluctant to delay proceedings — the court's mandate under Rule 1.03 is to resolve disputes as expeditiously as possible.

For a trial, Rule 17.02 says the court may adjourn only by court order, on terms it considers just, including compensation for the other party's inconvenience and expense.

Valid Grounds for an Adjournment

Judges are most likely to grant adjournments for:

• Medical emergencies — a documented illness or hospitalization that prevents attendance. Bring a doctor's note specifying that you cannot attend court on the scheduled date.
• Scheduling conflicts with other court proceedings — if you have a hearing in another court on the same date, provide the notice of hearing as proof.
• Unavailability of a key witness — if a witness critical to your case is genuinely unavailable and you've taken reasonable steps to secure their attendance (including issuing a Summons to Witness, Form 18A).
• Newly disclosed evidence — the other side produced documents you need time to review and respond to.
• Retaining representation — you've recently engaged a paralegal or lawyer who needs time to prepare, though this carries less weight if the hearing has been scheduled for months.

Reasons that rarely work: you forgot the date, you have a work meeting, you want more time to gather evidence you should have collected already, or you simply aren't ready.

How to Request an Adjournment

Before the hearing date: Contact the court office as early as possible and ask what process it requires for an adjournment request. Explain the reason and whether the other party consents. Keep the scheduled date unless the court confirms an order granting the adjournment.

If the other party objects: You'll need to bring a motion (Form 15A, Notice of Motion and Supporting Affidavit, $127 filing fee) requesting the adjournment. The supporting affidavit must set out the specific grounds — not a general statement that you're "not ready."

On the day of the hearing: If you show up and need an adjournment, you can make an oral request to the presiding judge. This is your weakest position — judges are reluctant to adjourn matters when both parties, witnesses, and court time have already been committed.

What Happens If You Don't Show Up

If you're a defendant who simply doesn't attend a scheduled settlement conference or trial without requesting an adjournment:

• Settlement conference: The judge may strike your Defence under Rule 13.05, allowing the plaintiff to proceed to default judgment.
• Trial: The judge may proceed with a trial in your absence (an undefended trial) and enter judgment against you based solely on the plaintiff's evidence.

A trial judgment entered in your absence may be set aside or varied on motion. Bring the motion within 30 days after you become aware of the judgment; an extension requires special circumstances. If your Defence was struck after a missed settlement conference, get advice promptly about the order and process that apply.

Consent Adjournments

The simplest path is getting the other party to agree. Contact them (or their representative) before approaching the court, propose new dates that work for both sides, and submit a joint written request to the court office. The adjournment still requires a court order, so keep the scheduled date unless the court grants it.

If you're the one opposing an adjournment request, you can object by writing to the court explaining the prejudice the delay would cause — witnesses becoming unavailable, evidence going stale, or the financial burden of continued uncertainty.

Our Defending a Claim in Ontario Small Claims Court guide covers the full hearing preparation timeline — from the settlement conference through trial — so you know exactly when and how to act if your plans change.

See more Ontario guides →