How to Get an Adjournment in PEI Small Claims Court

When You Need More Time

A scheduled hearing date in PEI's Small Claims Section isn't always convenient — or possible. A key witness is out of the province. You're waiting on a repair estimate. You just received the defendant's disclosure and need time to review it. Medical issues arise.

An adjournment pushes your hearing to a later date. The court grants them when there's a legitimate reason, but never automatically. You need to ask properly and give the court enough notice.

How to Request an Adjournment

The process depends on timing:

Well in advance of the hearing (two weeks or more): Contact the court registry at the Sir Louis Henry Davies Law Courts in Charlottetown (902-368-6003) or the Summerside Law Courts (902-888-8190). An adjournment request must be made by Notice of Motion (Form 15A), supported by an affidavit showing exceptional circumstances. You can include the other side's consent in your request.

Close to the hearing date: File a Notice of Motion ($40) asking the court for an adjournment, supported by a brief affidavit explaining why you need more time. Serve the motion on the other party. The judge decides — sometimes on paper, sometimes at a brief hearing before the scheduled trial.

On the day of the hearing: Show up. Explain your situation to the judge before the case begins. Day-of adjournments are the hardest to get because the other party (and possibly their witnesses) have already arranged their schedules and travelled to court. The judge weighs the prejudice to both sides.

What the Court Considers

The motion must show exceptional circumstances. Explain:

• The reason: Medical emergencies, witness availability, and newly disclosed evidence are strong. "I'm not ready" without explanation is weak.
• Notice given: Did you ask as soon as you knew there was a problem, or did you wait until the last minute?
• Prejudice to the other side: Will the delay cause the other party to lose evidence, miss their own deadlines, or suffer financial harm?
• The interests of justice: Explain why proceeding on the scheduled date would be unfair.

The court may also award thrown-away costs to compensate the other party for wasted preparation expenses.

What Happens If You Don't Show Up

If you're the plaintiff and you don't appear at your hearing without getting an adjournment first, the court can dismiss your claim. If you're the defendant and you don't appear, the judge can proceed in your absence and enter judgment against you.

Neither outcome is ideal, and both are much harder to undo after the fact than simply requesting an adjournment in advance. Even if your adjournment request might be denied, it's better to ask and be told no than to simply not show up.

Consent vs. Contested Adjournments

If both parties agree, include that consent in the Notice of Motion and supporting affidavit. The request still needs to be made to the court under Rule 74.

If the other side objects, the judge decides. Be prepared to explain why the adjournment won't cause unfair prejudice and why proceeding today would produce an unfair result.

Keeping Your Case on Track

Adjournments add weeks or months to a case that may already have been waiting for a hearing date. If you need one, get it — but treat it as an exception, not a strategy. Judges in PEI's Small Claims Section manage heavy dockets, and unnecessary delays wear on the court's patience.

The PEI Small Claims Filing Guide includes a deadline calendar that helps you track every milestone from filing through trial, reducing the chances you'll need to scramble for more time.

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