The Process

A Provincial Court judge will hear the application on the date set out in the notice of application. Arrive at the courthouse fifteen minutes before the time set for the hearing and go to the assigned courtroom as indicated on your documents. When your case is called, you (and the other person, if present) will have a chance to make brief statements to the judge. However, evidence in this type of hearing is generally given by affidavit, rather than by oral testimony, which is why it is important to set out all the relevant facts in your affidavit.

The Decision

The judge will usually make a decision based on the submissions and affidavit evidence presented at the hearing. However, the judge might decide to direct a "trial of an issue" if the facts are too complicated or contentious to be decided on the basis of affidavit evidence in the brief time available at the hearing. If the judge directs the trial of an issue, you will be informed of the date of the trial.