Going to court for an ISO hearing

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Your ISO matter may go directly to court, or may have to gone to ADR with no agreement reached. In these situations, the respondent on an ISO matter does have to appear in court. If you do not appear, the judge may still make a decision and court order based only on the information given by the applicant. You will be given a certified copy of any order granted by the court.

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. Here’s what that process looks like:

  • you will receive a package of documents that will include extra information (like a court transcript)
  • you will have to file your responding documents by a certain date
  • you (and your lawyer, if you have one) will appear at a court hearing in front of a judge
  • the applicant will not usually appear at these hearings, as he or she would have attended a separate hearing in their jurisdiction
  • the judge in Nova Scotia will hear your evidence, as well as review the material in the other party’s application
  • the judge in Nova Scotia will either confirm the order granted by the judge in the other jurisdiction, substitute their own order, or refuse to confirm the order
  • it is strongly recommended that you speak to a lawyer for help and advice