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ARTICLE · 06 DECEMBER 2013

To Adjourn Or Not To Adjourn, That Is The Question

Scheduling discipline hearings is difficult. In order to get to a hearing, the regulator often needs to coordinate the schedules of many very busy people.

CanadaLitigation, Mediation & Arbitration

Scheduling discipline hearings is difficult. In order to get to a hearing, the regulator often needs to coordinate the schedules of many very busy people. Once the regulator finally has all those people together, it can be frustrating to then receive a request for an adjournment.

Most professional regulatory legislation does not have specific direction addressing adjournment applications.  So what is the best way to deal with requests for adjournments?

The regulator is not required to grant every adjournment request, but it must carefully consider each request, and must grant an adjournment when appropriate.

General Principle

Although the decision to grant an adjournment is discretionary, the case law has established that an adjournment must be granted where the failure to adjourn would result in a breach of natural justice.  Natural justice is the principle that all parties have a right to a fair hearing.  A fair hearing is one where all parties are able to

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