To delay or “adjourn” a family court hearing in Ontario, you must either obtain written consent from the opposing party or file a Form 14B Motion. Judges at the Superior Court of Justice generally only grant adjournments for emergencies, and unexcused delays can result in you paying the other side’s wasted legal fees.
Life is unpredictable, and sometimes a scheduled court date conflicts with a sudden medical emergency, a change in legal representation, or a failure to receive crucial financial documents in time. 📅 In the Ontario legal system, postponing a scheduled hearing, conference, or trial is officially called requesting an “adjournment.” While it sounds like a simple request, courts are incredibly strict about granting them.
Whether you are attending court in Toronto, Kitchener, or Windsor, the Superior Court of Justice suffers from massive administrative backlogs. Because court time is incredibly valuable, judges do not look kindly on parties who request delays for trivial reasons, like a planned vacation or simply “not being ready.” If you need an adjournment, you must follow the correct procedures under the Family Law Rules, or you risk the judge proceeding without you.
Step-by-Step Process for Adjourning a Hearing in Ontario
Requesting a delay requires proactive communication. 📞 You cannot simply call the court clerk on the morning of your hearing and say you won’t be there. Here is the formal process your law firm will use to secure an adjournment.
Step 1: Seek Consent from Opposing Counsel
The fastest and most cost-effective way to get an adjournment is by agreement. Your lawyer will contact your ex-partner’s lawyer and explain the situation (e.g., “My client is in the hospital”). If the other side agrees, both lawyers will draft a consent document or a joint letter to the trial coordinator asking for the date to be rescheduled. In most minor conferences, a judge will accept a consent adjournment without requiring a formal hearing.
Step 2: File a Form 14B Motion (If No Consent)
If your ex-spouse refuses to agree to the delay, or if the hearing is a major trial that the court refuses to move easily, you must formally ask a judge. 📄 You do this by filing a Form 14B Motion. This is a written request detailing exactly why the adjournment is necessary. You must prove to the judge that proceeding on the scheduled date would cause severe prejudice or unfairness to your case.
Step 3: Provide Supporting Evidence
A judge will not simply take your word for it. If you are requesting an adjournment due to illness, you must attach a detailed doctor’s note or medical record. If you are asking for a delay because you just fired your lawyer and need to hire a new one, you must provide an Affidavit explaining the timeline. Without concrete evidence, the Form 14B Motion will likely be dismissed.
Step 4: Attend the Hearing (Just in Case)
Never assume an adjournment is granted until you see a judge’s signature. 👨⚖️ If the court has not officially granted your Form 14B Motion before the date of the hearing, you (or your lawyer) must still show up-whether virtually via Zoom or in person. You will have to make your request orally to the presiding judge. If you fail to show up, the judge may make final orders regarding your property or children in your absence.
How Much Does it Cost in Ontario?
Adjournments are rarely free. Even if the court does not charge a massive filing fee, wasting the other party’s time has serious financial consequences. Here are the typical costs you might face in CAD when trying to delay your case.
- Lawyer Fees for Drafting: Having your law firm negotiate a consent adjournment or draft a Form 14B Motion will typically cost between $500 and $1,200 CAD.
- Throw-Away Costs: If you ask for a delay at the very last minute and your ex-spouse’s lawyer has already spent 10 hours preparing for the hearing, the judge may order you to pay “throw-away costs.” This penalty usually ranges from $500 to $2,500+ to compensate the other side for wasted prep time.
- Court Filing Fees: Filing a standard motion in Ontario generally carries a government fee of around $127 CAD, though some family court filings are exempt depending on the nature of the claim.
| Expense Type | Estimated Cost in CAD |
|---|---|
| Lawyer Negotiation & Drafting | $500 – $1,200 |
| Penalty “Throw-Away” Costs | $500 – $2,500+ |
| Government Filing Fee | $127 (if applicable) |
How Long Does the Process Take?
An adjournment request is highly time-sensitive. ⏱️ If you know you need a delay, you must act the moment the issue arises. Filing a Form 14B Motion for an adjournment should ideally be done at least 4 to 7 days before the scheduled hearing so the judge has time to read it. If you wait until 24 hours before the court date, your chances of approval drop drastically.
Once a delay is granted, the timeline for your new court date depends on the local courthouse backlog. In busy jurisdictions like Brampton or Toronto, adjourning a trial might mean waiting another 6 to 12 months for the next available slot. A simple Case Conference might only be delayed by 4 to 8 weeks.
Frequently Asked Questions (FAQ)
Will the judge always agree if we both consent to the delay?
Not always. While judges prefer mutual agreement, they are also mandated to ensure cases don’t drag on forever. If this is your fourth time asking for an adjournment, a judge might order the hearing to proceed, even if both you and your ex-spouse agree to delay it.
What happens if I just do not show up?
Failing to attend a scheduled court date is incredibly dangerous. The judge can strike your pleadings, meaning they will essentially ignore your side of the story and grant your ex-partner whatever they asked for in their Application. You may also face severe cost penalties.
Can I get an adjournment to go on a pre-planned vacation?
Generally, no. Court dates are considered mandatory legal obligations. Unless you booked the non-refundable vacation before the court date was ever scheduled, a judge will expect you to prioritize the Superior Court of Justice over your travel plans.
I want to fire my lawyer. Is that grounds for an adjournment?
It is possible, but not guaranteed. If you fire your lawyer a month before a trial, the court will likely grant you a delay to find new counsel. If you fire your lawyer two days before the trial just to stall the process, the judge will likely force you to represent yourself and proceed anyway.
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