Peremptory – What is it Good For?

If you’re familiar with the band Frankie Goes to Hollywood, then you’ll know the song Two Tribes.  In that song they pose the question “war, what is it good for” ?   The answer is “absolutely nothing say it again.”

Please insert the answer after my question in the title of this Blog.

Peremptory is supposed to mean there are no more adjournments given to the party to a law suit on whom a date is peremptory.   For example, if you show up in court and ask for an adjournment, the judge can say you can have this adjournment but it is peremptory and there will be no more.

A family lawyer friend of mine just had a case where the self represented party on the other side has had three adjournments all of which were peremptory.  

Business lawyers like our firm are seeing similar situations.

Given how long it takes to get motion dates in the GTA (I have one hearing that was adjourned from October 2023 to April 2024 as the “next available date” and that was speedy) peremptory must be enforced.

Alternatively, perhaps peremptory shouldn’t be used anymore. 

Self represented litigants need to be respected and they need to respect the Court Orders.  By not enforcing peremptory, these individuals don’t appreciate that they need to do what they have been Ordered to do and that’s creating further backlogs in the Courts.

If you need me, I’ll be here, trying my best to move the wheels of justice forward.

Inga B. Andriessen, Senior Lawyer