Does a motion to adjourn a motion for a further adjournment have to be made peremptory?
Ontario, Canada
The following excerpt is from Bond v Deeb, 2013 CanLII 54599 (ON SCSM):
7. As the plaintiff submitted, the court does retain a discretion to grant a further adjournment request even if a prior adjournment was made peremptory: see Igbinosun v. Law Society of Upper Canada (2009), 2009 ONCA 484 (CanLII), 96 O.R. (3d) 138 (C.A.), at para. 43. Just as the purpose of making an order peremptory is to serve the interests of justice, those same interests could in exceptional cases warrant a further adjournment of a peremptory trial date. But such cases must be truly exceptional if peremptory adjournments are to be taken seriously.
8. In situations where a party seeks to explain her failure to comply with a court order due to medical causes, the court will often look for a certain quality of medical evidence and may expect to see firsthand medical evidence: Szegedi Estate v. Horvath, [2005] O.J. No. 3248 (S.C.J.), at para. 17.
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