How to Get an Adjournment in BC Small Claims Court

Your settlement conference is scheduled for next Tuesday, but you just found out your key witness is out of the country. Or you are the defendant, and you only received the notice five days ago because it was forwarded from an old address. Can you postpone a BC small claims hearing?

Yes — you can request an adjournment, which is the court's term for postponing a hearing to a later date. But judges do not grant them automatically, and simply not showing up is the worst possible strategy.

How to Request an Adjournment

Contact the court registry where your file is located as soon as possible and ask how to request an adjournment. The court must confirm whether the hearing date has changed.

Your application should explain:

• Why you need the adjournment — a specific, concrete reason (medical emergency, essential witness unavailable, late service, recently retained counsel who needs preparation time)
• When you would be available — offering alternative dates shows you are not trying to delay indefinitely
• Whether the other party consents — if both sides agree, the judge is far more likely to grant it

If both parties consent to the adjournment, tell the registry when you make your request. Do not assume the hearing is postponed until you receive confirmation from the court.

If the other party objects, the judge decides whether to adjourn after considering both sides. Ask the registry how the request will be heard.

What Judges Consider

Judges balance two concerns: fairness to the party requesting time, and prejudice to the other party who is ready to proceed and has already arranged their schedule, witnesses, and documents.

Factors that favour granting an adjournment:

• This is your first request (repeat adjournment requests are viewed skeptically)
• The reason is genuinely beyond your control (illness, bereavement, late service)
• You applied as soon as you knew you needed one — not the afternoon before the hearing
• The other party will not be materially harmed by the delay

Factors that work against you:

• You have known about the conflict for weeks and waited until the last moment
• The hearing has already been adjourned once or twice before
• The reason is vague ("I need more time to prepare" without specifics)
• The other party will suffer prejudice — witnesses becoming unavailable, evidence degrading, financial hardship from continued delay

If You Cannot Attend

Contact the registry immediately and ask how to request a new date. Do not assume the hearing is cancelled or that a request to reschedule has been approved; get confirmation from the court.

Timing: How Early to Apply

Apply as soon as you know you need an adjournment. Ask the registry what steps and timing apply to your file. A request made the morning of the hearing may leave too little time for the court to respond.

Settlement and trial conferences are conducted remotely via Microsoft Teams under Practice Direction SM CL 02. If you have not received joining instructions as your hearing approaches, contact the registry.

Costs of an Adjournment

An adjournment may affect the other party, especially if they have already incurred preparation expenses. Ask the court whether any costs or conditions apply to your request.

Filing a Claim or Navigating a Hearing

If you are working through the BC Provincial Court small claims process and want a structured system for tracking every deadline — from the 14-day reply period through to trial preparation — the BC Provincial Court Small Claims Guide covers each stage with the forms, fees, and timelines in one place.

See more British Columbia guides →