FCA Warns Parties on Adjournment Requests

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In recent years the Tax Court of Canada has strictly applied the requirements for adjournments and timetable amendments as described in the Court’s Practice Note No. 14. We understand this may have been prompted by a practice that had developed over time whereby the parties to an appeal would consent to extensions of time or adjournments and then informally seek the Court’s approval.

The Federal Court of Appeal appears to have been wrestling with similar scheduling and adjournment issues. In UHA Research Society v. Canada (2014 FCA 134), the Appellant sought an adjournment of a hearing date due to the unavailability of counsel.

In a lengthy discussion of the Court’s scheduling process, the Court’s expectations of counsel and the test for an adjournment request (i.e., there must be significant new developments, marked changes in circumstances, or compelling reasons of fairness), Justice Stratas provided a reminder about the Court’s procedure and practice regarding adjournments.

In UHA, Justice Stratas granted the adjournment request, but cautioned:

[18] Having written these reasons – reasons written in response to a spate of recent incidents of lack of regard for scheduling orders of this Court – I may well be less accommodating in a future case.

 

Topics:  Adjournment, Appeals, Canada, Tax Court, Time Extensions

Published In: Civil Procedure Updates, Tax Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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