What is the proper procedure for counsel for the prevailing party in an ex parte application to obtain an order from the affected party?
British Columbia, Canada
The following excerpt is from May (Re), 2021 LSBC 35 (CanLII):
First, it is a point of elementary legal procedure that counsel for the prevailing party in an ex parte application must serve the resulting order on an affected party, unless otherwise directed by the court. The reason for this is simple: it is a matter of fairness “to notify the defendant of his jeopardy”: Michalakis v. Nikolitsas, 2002 BCSC 1708 at para. 8.
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