Understandably, the Small Claims Court does not have the resources to inquire when every party is available for a court appearance. Accordingly, it happens with a fair frequency that one or both of them cannot attend a scheduled settlement conference. If you find yourself in that situation, here is what you should do to comply with the Rules of Small Claims Court:

Contact the opposing party.

• Notify the other party that you aren’t available for the settlement conference.
• Briefly describe your reason, and
• Ask for an “adjournment on consent” (agreement of the other party to put the settlement conference over to another date). I
• If you have a worthwhile reason, many opposing parties would agree to adjourn. It is especially so if it’s the first date scheduled and there hasn’t been a significant delay.
• Do not wait to bring up the fact that you can’t attend. Instead, act as soon as you realize that you can’t make it. This can make it easier to get the other party to agree to an adjournment. Also, it means that the court can reschedule the date as quickly as possible.

Request to reschedule, and consent must be in writing

• Be sure to ask the other party to confirm their consent to adjourn in writing.
• This is usually done by signing a consent form. You should file this form with a court office at least several days before the conference.
• If the court sees that both parties agree to change the date, it will set another date and notify the parties by mail.

What to do if the opposing party does not agree to reschedule

• If the other party doesn’t agree to adjourn the settlement conference, you can file a motion with the court. The motion is to ask the judge for an order to reschedule the date of the settlement conference. This motion is possible if there is still enough time left until the settlement conference (4 – 6 weeks).

Settlement conference over the telephone

• It may happen that you can’t attend. However, if you can have the settlement conference over the phone, you can ask the court for a telephone conference. Then, if permitted, you’d dial in at the scheduled time and be present that way.

Hire a paralegal if you cannot come personally

• If you couldn’t attend because of an emergency, you can ask someone else to attend the settlement conference to request an adjournment right then.
• Keep in mind that the judge might ask you to pay some money to the other party in some such cases. This amount is for their inconvenience of attending the rescheduled settlement conference. Usually, these costs are between $100 – $200. However, these vary and are at the discretion of the judge.
• You may also retain a representative. Feel free to contact us if you find yourself in this situation.

Consequences of failing to attend

In any event, be sure not to ignore the settlement conference altogether. If you fail to attend it once with no notice, the court would likely award a cost against you.  Then, it will schedule a new settlement conference. If you fail to attend another time, the court may strike your claim or defence. It would mean you cannot continue the process.