Applications involve a hearing, not a trial, with a judge sitting alone. Evidence is largely provided by way of affidavit, with limited use of oral testimony at the hearing. As such, applications are typically used when less time is needed to prepare, the matter is not overly complex, there are fewer disputed facts, and credibility is less of an issue.
Applications are commenced by filing a notice of application that has an affidavit supporting the claim attached. Once the plaintiff serves the defendant, the defendant has 15 days to file a notice of contest. The notice of contest typically also includes an affidavit. Parties to a contested application must also deliver a book of documents enclosing all relevant documents to the opposing party. After the hearing, the judge will issue a decision, which can be appealed to the Nova Scotia Court of Appeal.