“The ISO is based on model, uniform legislation designed to streamline the process by which support orders are affected and enforced across provincial and national boundaries. It works in tandem with comparable legislation in reciprocating jurisdictions, including England.
Under the ISO, applications originating in certain jurisdictions require a “provisional variation order” to be made by a court in the jurisdiction where the applicant is ordinarily resident before the materials are sent to Ontario. Other jurisdictions do not involve securing a provisional order before materials are sent to Ontario and an application is made here.
The United Kingdom requires applicants for support variation orders first to obtain provisional variation orders in their own jurisdiction: see, Mathers v. Bruce, 2005 BCCA 410, 51 BCLR (4th) 54 at paras. 24-26. In such a case, an applicant brings a court application in the jurisdiction in which they ordinarily reside, without giving notice to the respondent. If the provisional variation order is made, both it and the support variation application are sent to the court in the reciprocating jurisdiction where the respondent ordinarily resides. When the Ontario court receives the provisional order, the respondent is served with a copy of the application and notice of hearing: see ISO, s.33(1).
Rule 37 of the Family Law Rules, O. Reg. 114/99 deals with proceedings pursuant to the ISO. Rule 37(7) requires an application pursuant to ISO to be dealt with on the basis of written material without the need of the parties or their lawyers having to appear. However, a responding party may request an oral hearing by filing a form 14B motion within 30 days of being served with the notice of hearing (r. 37(8)), or the court may order an oral hearing (r. 37(9)). Neither David nor the court requested an oral hearing.”