How do I ask a judge to adjourn or postpone a scheduled motion in Ontario?
If you need more time before a scheduled motion is heard, the first and usually fastest step is asking the other side to consent to postponing it. Where everyone agrees, an adjournment can often be arranged directly with the court with relatively little formality. If the other side won't consent, you generally need to ask the judge directly, either in writing beforehand or in person at the scheduled hearing, to explain why more time is genuinely needed — for example, new counsel just came onto the file, key evidence isn't ready, or an unavoidable scheduling conflict has come up.
Judges have discretion over whether to grant an adjournment, and they weigh the reason given against the impact on the other side, including any prejudice caused by delay and whether this is the first request or a pattern of repeated postponements. A judge can grant the adjournment on terms, such as ordering the party who asked for it to pay the costs the delay caused the other side. Bringing the request as early as possible, rather than at the last minute, and being specific and honest about the reason, generally improves the chance of it being granted.
Key takeaways
- Try to get the other side's consent first; consent adjournments are usually more straightforward.
- Without consent, you need to explain the genuine reason to the judge directly.
- Judges weigh the reason against prejudice to the other side and any pattern of delay.
- An adjournment can come with costs conditions against the party who requested it.