K. Adjournments

• Author: Julien D. Payne - Marilyn A. Payne
• Pages: 552-553

Page 552

Although inconvenience may result from an adjournment of the divorce proceedings under section 11(1)(b) of the Divorce Act on the ground that the court is not satisfied with the arrangements for child support, to proceed with an order for child support in the absence of notice would deny procedural fairness in that the spouse against whom the claim is brought is entitled to know the nature of the claim so that a full answer and defence may be given.¹⁰⁶An application for child support may be adjourned to enable counsel to provide relevant information to the court.¹⁰⁷Where a court is unable to ascertain the spousal incomes on the material furnished, the application may be adjourned to a specified date so that the spouses can provide the court with their most recent income tax returns and updated financial statements. Upon granting the adjournment, the court may order the continuation of child support payments already being made on a voluntary basis until the matter is adjudicated.¹⁰⁸All requests for adjournment must be considered in light of the ongoing proceeding. If the request for adjournment appears to be an attempt to delay the proceeding or to unreasonably extend the time to serve and file material, a court might, in exercising its discretion, refuse to grant an adjournment.¹⁰⁹The court should deny a last minute motion for the adjournment of an application to vary, where the sole reason put forward is the absence of the applicant’s solicitor by reason of his appearance before another court and the application to vary could be handled with ease by another solicitor from the same office.¹¹⁰A court has the discretionary jurisdiction to order an adjournment where the issue of the retroactivity of a child support order is raised belatedly; principles of natural justice demand that the obligor be given an opportunity to reply.¹¹¹It is proper to order an adjournment when counsel is caught by surprise and is not in a position to respond to a show cause order made on the court’s own initiative.¹¹²

Page 553

Rule 15 of the Provincial Court (Family) Rules (B.C.)¹¹³provide for adjournments and require a judge who has heard any evidence to finish hearing all the evidence and decide the case, unless that judge is unable to act. An appellate court may direct the adjourning judge to determine the case where an unreasonable length of time has passed since the adjournment.¹¹⁴

[106] Anderson v. Anderson (1987), 11 R.F.L. (3d) 260 (N.B.C.A.).

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