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Law Maven
Law Maven, Lawyer
Category: Canada Law
Satisfied Customers: 164
Experience:  Lawyer & Instructor at Algonquin Careers Academy
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Can my lawyer postpone your trial date without your consen

Customer Question

can my lawyer postpone your trial date without your consent
Submitted: 2 years ago.
Category: Canada Law
Expert:  Law Maven replied 2 years ago.
Hello – my name is***** am a lawyer in Ontario, and I’ll be happy to help with your question today. There are different rules for different levels of the court, but in general, for a trial date to be postponed there must either be consent by all parties OR a judge must order the delay. So if one lawyer wants a postponement, they can ask the other side for consent:If the other side consents, then that can be sent to the Court and the postponement will usually be ordered;If the other side does not consent, then they can either show up on the trial date and request that the Judge order a postponement, or they can bring a motion to the Court asking (in advance) for a postponement; The Court has the final authority and can accept or reject a request --even a request made on consent-- if the Court thinks there's good reason to reject it. "Good reason" is generally based on something like there having been several postponements already, or that the trial needs to go on to get a resolution that the Court considers important (for instance if children are involved, settling custody before the school term starts might be considered important so the children start in the right school in the fall, and don't have to be moved in the middle of the term).I hope I have fully answered your question, but please do not hesitate to ask for more information if needed. If you would like me to give you specific Court Rules regarding postponements, please let me know what Court you are dealing with, and in what area of Ontario, as the Rules may vary from city to city. When you are satisfied with the answer, kindly provide me a positive rating so I can receive credit for my answer. My answer here contains only general legal information and not legal advice. No solicitor/client relationship has been created by this communication.