It is 8:15 on a Tuesday morning and you have just found the notice. Your hearing at the Brampton courthouse is at 10:00. Or perhaps the date is three weeks away, and your key witness has been called overseas for a family emergency. Or the worst version: a letter arrives saying a judgment was made against you on a day you did not know you had to be anywhere.
Each of these situations calls for a different response, but they share one lesson. A court date does not move because you cannot make it, and silence is usually the most damaging thing you can offer. Acting immediately, and in writing, often leaves far more options open than people expect.
This post gives general information, not legal advice. Procedures vary between the Small Claims Court and the Superior Court of Justice, and local practice directions in Brampton are updated from time to time. Check the current direction and any instructions on your own notice.
An Adjournment Is a Request, Not an Entitlement
An adjournment means postponing a hearing that has already been scheduled. The court has discretion, and judges balance the reason for the request against the unfairness to the other side and the value of keeping the system moving. They commonly consider:
- how close the date is, and when you first learned of the problem;
- whether the reason is outside your control, such as illness, and whether you can prove it;
- whether there have been previous adjournments;
- how the other party would be harmed, and whether costs could make up for it;
- whether you have tried in good faith to be ready.
Being busy at work, or just having hired a lawyer the day before, may not be enough on its own, although a recent change of lawyer can matter in the right circumstances. Bring evidence where you can. A doctor’s note saying that you cannot attend court on a given date is more persuasive than a general statement that you were unwell.
Before you ask the court, call or write the other side as soon as the problem arises. Their consent often makes the process easier, though it does not guarantee the court’s agreement.
Small Claims Court
The Small Claims Court in Brampton has its own rules, and the type of event matters.
Motions. A motion can be adjourned at a party’s request before the hearing date only if the written consent of all parties is filed when the request is made, unless the court orders otherwise.
Trials. Under rule 17.02, a trial may be adjourned only by court order, which can be on terms that are just, including one party paying the other an amount for inconvenience and expense. So an informal agreement between the parties is not enough, and you should contact the court office well ahead of time about how to put a request before the court. Do not assume the date has moved until you have confirmation from the court.
Settlement conferences. Attendance is mandatory for parties and their representatives unless the court orders otherwise. If you cannot make it, ask for help from the court in advance and copy the other party.
Fees. Some requests carry a fee, and the amounts change, so check the current Small Claims Court fee schedule or ask the court office.
If a witness is the problem, there may be alternatives to an adjournment. Rules for summonsing witnesses, for example, or for having them attend by video, might deal with the problem, so ask about them.
Superior Court Motions in Brampton
Superior Court civil cases in Peel fall under the Consolidated Practice Direction for the Central West Region. Its motion rules are detailed, and failing to read them is an avoidable risk. As it stands:
- A hearing date booked through the court’s online scheduling system can be cancelled or rescheduled there only with all parties’ consent, and the person doing so must make sure the old date is vacated.
- A contested cancellation or adjournment goes before the motions judge, who may award costs against the person seeking it.
- If a matter settles within five days of a civil motion hearing, the parties must still attend unless the court directs otherwise.
- A motion without a confirmation form from at least one party will not proceed, and the date will be vacated.
Long motions have stricter rules. Adjournments are strongly discouraged and only one on consent is allowed. A consent request must be sent to the trial coordinator’s office at least seven days before the hearing. Within seven days, an adjournment is allowed only for clear and compelling reasons beyond the parties’ control, even if everyone agrees. A contested request made more than 21 days ahead goes back to Triage Court, while one made within 21 days is argued before the motions judge and has to be flagged on the confirmation form. The new date is simply the next one available, with no priority.
The confirmation step comes from the Rules of Civil Procedure themselves. Under rule 37.10.1, a moving party must try to confer with the other side and give a confirmation of motion to the registrar by 2 p.m. five days before the hearing. Missing this can cost you a date you may have waited months to get.
Superior Court Trials
The rules give a judge the power to postpone or adjourn a trial on terms that are just, but the bar in practice is high. The Central West direction states that adjournments of scheduled trial dates will rarely be granted, even on consent, and that requests must be made by motion record and heard by the Regional Senior Justice, the Local Administrative Judge or a designate.
Trial dates are set through Assignment Court after an action has been set down, and an action may be placed on a trial list or struck off it. If it is struck, you need a court order to get it restored. The court’s calendar is not forgiving, and the file has a separate clock: under rule 48.14, an action that was struck off a trial list and not restored or otherwise ended by the second anniversary can be dismissed for delay by the registrar, unless the court orders otherwise.
If a real problem comes up, such as a serious health issue for a party or key witness, speak to the other side at once and move promptly. Long delays between learning of the problem and raising it can undercut even a strong reason.
What Happens When Someone Does Not Show Up
The consequences depend on who misses what.
At a Small Claims trial. If everyone is absent, the judge may strike the action from the trial list. If only one party is absent, the judge may go ahead without them. A missing defendant can have the defence struck and any defendant’s claim dismissed, with the plaintiff then allowed to prove the claim. A missing plaintiff can have the action dismissed. The party present doesn’t need to prove liability against the absent party, but must still prove the amount of the claim.
At a Small Claims settlement conference. The court can impose sanctions, by costs or otherwise, and order another conference. If a defendant misses the first conference, is given notice of an additional one, and misses that too, the court may strike the defence, dismiss the defendant’s claim and let the plaintiff prove the claim.
At a Superior Court trial. The rules are similar. The judge may proceed without you, or dismiss the action or the counterclaim as the case may be, and allow the other side to prove its case.
On a Superior Court motion. A moving party who serves a motion and then does not file it or appear is deemed to have abandoned it unless the court orders otherwise, and the responding party is generally entitled to costs right away. A responding party who stays away can simply lose the motion on the moving party’s material.
At an examination. Failing to attend an examination for discovery can lead to further court orders. For a party, it could lead to the action being dismissed or the defence struck. A debtor who misses an enforcement examination can face a contempt hearing.
If You Have Already Missed It
Move quickly. A short list for the first day:
- Call or visit the court office and ask what happened, and get a copy of any order or endorsement.
- Write down why you missed the date, with supporting evidence such as a hospital record, an email from a process server, or proof of a mail address that was out of date.
- Do not ignore the other side, and do not contact them in anger. A brief letter saying that you missed the date, why, and that you plan to take steps can help.
- Get legal advice about the right motion, and bring it right away.
For a Small Claims trial you missed, a judgment can be set aside or varied on terms that are just, but you must bring your motion within 30 days after becoming aware of the judgment. An extension can be requested, but the court has to be satisfied that special circumstances justify it. In the Superior Court, a judge can set aside or vary a judgment obtained against someone who failed to attend trial. A person who missed a motion through accident, mistake or insufficient notice can move to set aside or vary the order, with the motion served immediately after the order comes to their attention.
Expect to explain three things: why you were absent, why you acted when you did, and whether you have a real case on the merits. A court may be reluctant to reopen a matter where the person sat on their hands after learning of the result, or has no real defence. Terms may also be attached, such as paying costs thrown away. Keep in mind that a judgment can be enforced in the meantime, and you might need to ask for a stay or other relief. Separate rules apply if the problem was a default judgment that followed from never defending the claim, rather than from a missed hearing.
Habits That Prevent the Problem
Most missed dates come from ordinary life rather than bad faith. A few habits help a great deal:
- Keep your address for service and email up to date with the court and the other side. Notices sent to the address on file may be treated as delivered.
- Check spam folders for court email, and add court dates to your calendar on the day you learn of them.
- Read any notice for its format. Attendance may be in person at 7755 Hurontario Street or by video, and the two require different preparation.
- Leave time for parking and security screening at the courthouse if you are attending in person. Allow for the fact that Hurontario traffic can be slow around the morning rush.
- Tell your lawyer about travel plans and medical appointments as soon as you know about them.
- Ask the person you have hired to confirm in writing that a date has actually been changed, and by whom.
If you have a date coming up that you cannot meet, or a letter telling you a date has passed, the firm’s civil motions and applications page explains related court work, and contacting Sawan Law House LLP promptly gives you the best chance of reviewing the options before any deadline closes. Bring the notice, your proof of the reason, and the date you first learned of the problem.