Cancel a hearing date (Adjourn)

Information Sheet GA 14

This information sheet gives you information you need to apply to cancel a hearing date. The legal term is “adjourn a hearing”.

This information tells you:

Deadline to apply

You should apply as soon as you think you need an adjournment.

You must apply at least two full days before the hearing.

The hearing starts Monday.

The weekend doesn’t count. Thursday and Friday are two full days.

You must apply by Wednesday.

There is an exception. You can apply closer to the hearing if that’s when you learn you need to cancel it.

The hearing starts Monday.

You become ill Friday and cannot attend on Monday.

You must apply on Friday.

Legal test to cancel a hearing date

You must show two things:

  • Your request is reasonable
  • Cancelling the hearing date won’t be too unfair to other participants

The legal term is that cancelling the hearing date will not “unduly prejudice” the other participants.

Information about reasonable requests

The Tribunal will consider things such as:

  • Did you know about the problem before the Tribunal set the hearing date?
  • Have you looked for other solutions to the problem?
  • Did you ask to cancel the date as soon as you knew of the problem?
  • When are you available for a new hearing date?
  • Is this the first time you asked to cancel a hearing date?
  • If the Tribunal doesn’t cancel the hearing date, how will this affect your case?

Information about unfairness to other participants

The Tribunal will consider things such as:

  • How long before the hearing is reset?
  • How much will it cost the other participants if the Tribunal cancels the hearing?
  • If the Tribunal cancels the hearing date, how will this affect the other participant’s case?
  • Did the other participant book travel or time off to attend the hearing?
  • Did the other participant plan travel for witnesses to come from out-of-town?

What if the parties agree to adjourn the hearing?

You still must apply. Tell the Tribunal that the parties agree in the application form.