As an ISO applicant, do I have to appear in court?

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When you are the applicant in the ISO process, you are normally not expected to appear in court, or be represented by anyone at the hearing in the other jurisdiction.

The respondent on an ISO matter does have to go to court. For more information about this process, please see the section called 'Information for Respondents.'

In cases where a provisional order is required, both the applicant and respondent will have to go to court, in separate court hearings.

It was noted earlier that Quebec and the UK require a provisional order. In these cases, the applicant does go to court. Here’s what that process looks like:

  • after filing your application, you will appear at a court hearing in Nova Scotia in front of a judge (just you, and your lawyer if you have one)
     
  • the other party does not usually appear at these hearings
     
  • the judge will make a provisional order based on the evidence you’ve put forward
     
  • the Nova Scotia court will forward the provisional order and the documents, evidence, and transcript from court to the reciprocating jurisdiction
     
  • the court in the reciprocating jurisdiction will hear the other party’s evidence as well as review the material in your application
     
  • that court will either confirm the order granted by the Nova Scotia court, substitute its own order, or refuse to confirm the order
     
  • it is strongly recommended that you speak to a lawyer for help and advice