- Small Claims Court in Ontario is built to move disputes through relatively efficiently, particularly for the many self-represented parties who use it.
- There is no fixed checklist that guarantees an adjournment, but requests are more likely to succeed when they rest on something genuinely outside your control, such as: - A sudden…
- Before the Trial Date The earlier you raise the issue, the better your odds.
A trial date lands on your calendar, and then something happens — a key witness can't attend, you're suddenly unwell, or you simply haven't had time to prepare. Whatever the reason, you want more time. Adjourning a small claims trial in Ontario is possible, but it is not automatic, and courts have become increasingly reluctant to grant last-minute delays.
This guide covers what generally counts as a workable reason to ask for an adjournment, how the request is usually made, and what happens if the judge says no.
Why Courts Don't Adjourn Readily
Small Claims Court in Ontario is built to move disputes through relatively efficiently, particularly for the many self-represented parties who use it. Every adjournment pushes the other side's day in court further away, uses up scarce court time, and can prejudice a party who came ready to proceed. Judges weigh all of that before agreeing to a delay — a scheduled trial date is not treated as something to be moved on request alone.
That does not mean adjournments never happen. It means the reason has to hold up, and the request has to be made the right way.
Grounds That Can Support an Adjournment Request
There is no fixed checklist that guarantees an adjournment, but requests are more likely to succeed when they rest on something genuinely outside your control, such as:
- A sudden illness or medical emergency affecting you, your representative, or a necessary witness
- A scheduling conflict that arose after the trial date was set and could not reasonably have been avoided
- The need for more time to obtain a document or an expert's input that only recently became necessary
- A late change in representation — for example, your paralegal or lawyer withdraws close to trial
Requests that simply reflect a lack of preparation, or that arrive at the last possible moment without a real explanation, tend to fail. The court will also ask whether you could have raised the issue sooner.
How to Ask for an Adjournment
Before the Trial Date
The earlier you raise the issue, the better your odds. If you know in advance that you cannot proceed, contact the court office and the other party as soon as possible. In many cases, an adjournment has to be requested through a formal motion, which generally carries its own filing fee — as of mid-2026, the Small Claims Court fee for a notice of motion is $127; figures change, so verify the current amount before you rely on it.
When you make the request, set out clearly, in writing:
- [ ] The specific reason you need the adjournment
- [ ] Any supporting evidence — a doctor's note, an email chain, proof of the conflict
- [ ] Whether the other party consents or objects
- [ ] A proposed new date, if you have one in mind
On the Day of Trial
If the problem arises unexpectedly — you fall ill the morning of trial, for instance — you or someone acting for you should notify the court as early as possible and be ready to explain the situation when the matter is called. Appearing (or having someone appear) to explain the problem is far better than simply not showing up.
What the Judge Considers
A judge deciding whether to grant an adjournment typically weighs:
- How strong and well-documented the reason is
- Whether the request was made promptly once the problem arose
- Whether the other party consents, and if not, how a delay would prejudice them
- Whether this is a first request or part of a pattern of delay
- Whether a smaller fix — like adjusting the schedule that same day — could solve the problem instead
Consent from the other side makes an adjournment much more likely, though it is never guaranteed. The final decision always belongs to the court.
If Your Request Is Denied
If the judge refuses to adjourn and you are not ready to proceed, you still need a plan. Failing to appear or participate can lead to the case being decided against you in your absence, or a plaintiff's claim being dismissed outright. Where possible, attend and present whatever evidence and argument you have, even on short notice, rather than staying away entirely.
Frequently asked questions
Can I get an adjournment just because I haven't found a lawyer or paralegal yet?
It is possible, but courts generally expect parties to arrange representation well ahead of the trial date. A last-minute request based only on not having found representation is less likely to succeed than one grounded in a genuine, unforeseen obstacle.
Does the other side have to agree to an adjournment?
No. Their consent helps, but a judge can grant or refuse an adjournment regardless of whether the other party agrees, based on the reasons given and the fairness to both sides.
What if my witness is unavailable on the trial date?
A witness's genuine unavailability — because of illness, travel, or another documented conflict — can support an adjournment request, especially if you raise it as soon as you learn of it rather than waiting until the trial date itself.
Will asking for an adjournment cost me anything?
An adjournment brought by formal motion generally involves a Small Claims Court filing fee, and fees change over time — check the current fee schedule before filing. A judge may also attach costs consequences to a late or weak request.
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