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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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If you needed to adjourn a trial and it was approved, but

Customer Question

If you needed to adjourn a trial and it was approved, but the judge who allowed the adjournment said you had to have a motion to set a new trial date, what do you do at the motion? This is small claims in Ontario.
Legal Ease please.
Submitted: 10 months ago.
Category: Canada Law
Expert:  Debra replied 10 months ago.
Thanks for requesting me.But this really doesn't make a lot of sense. Are you saying that the judge would simply not give you a new date or didn't say you could just get a new date from the court office? You are required to bring a motion to set the matter down for trial in small claims court now?Did you ask the other side if they will consent to the motion?
Customer: replied 10 months ago.

We agreed to put off the date indefinately, until after the other party finished cancer treatment. It ends in December, so we would like the date for January. When we called to get a new date, the office at the courthouse said you have to do a motion by the judges order. The other side will not return our email requests for a new date. Both sides agreed to put off the trial until later.

Expert:  Debra replied 10 months ago.

Sorry this site had a glitch. I will be back in a minute to answer your question.

Expert:  Debra replied 10 months ago.

Then what you would do is bring a motion to the court asking for the court to grant you leave to get a new date for the trial. You would have to serve the other side with the motion material. If the other side ignores you then you would get the order on consent.

If the other side does not ignore you but tries to oppose this be sure to ask for your costs because it was made clear that you would be able to bring this matter back to trial at a later date.

Does that help?

Expert:  Debra replied 10 months ago.

Is there anything more I can help you with at this point in time?

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