As a civil litigator, I constantly come across this question: what if they (the opposing party) don’t show in court?

Well, what will happen depends on where you’re at.

“No-shows” happen less in the higher courts, such as the Superior Court or the Court of Appeal, where a set of rule is in place to stream-line the litigation process and prevent surprises like this. If a the defendant fails to comply with the filing deadline, he or she may be noted in “default,” and the matter will proceed with a default judgment against the respondent.

However, things are quite different at the administrative tribunals.

There, the common law dictates that all litigants should be given the opportunity to participate meaningfully at a hearing.

Therefore, if the opposing party fails to attend the hearing for legitimate reasons, such as illness, an accident, or the lack of a representative, the hearing will likely be adjourned to the next reasonable date available.

At the same time, this is not to say that the litigant will have a free pass in delaying the proceeding. If the causes for the delay can’t be addressed within reasonable time, the tribunal may decide to proceed with the hearing even without the opposing party present.