A

abatement (rents) reduction in a rent because of deficiencies in a rental unit or building

abatement (wills) diminishment of a gift under a will to satisfy debts of an estate

above-guideline rent increase a rent increase greater than the guideline

absentee person whose rights or interests are being determined in a proceeding and whose whereabouts are unknown

absolute liability liability that is imposed automatically (usually under a statute) when certain conditions are met, without reference to negligence or intent

absolute liability offence an offence for which the prosecution must prove that the defendant committed the illegal act; the defendant has no opportunity to argue reasonableness or due diligence

absolute privilege a defence against defamation for statements made in a court or parliament, or between spouses

abstract/abstract book book in the Registry system that records registered interests in land; record of all registrations affecting a parcel of land

abstracting process of examining and summarizing into search notes the contents of all registered documents that affect title

abuse of process conduct by a participant in a proceeding — for example, a flagrant and serious violation of the rules of procedure or of other reasonable expectations of the court or tribunal — that risks bringing the administration of justice into disrepute

accelerate demand immediate payment

acceleration clause clause permitting the chargee to demand immediate payment of the full amount of the loan in the event of default

acceptance when there has been acceptance of an offer made by one party in the bargaining process, the parties are assumed to have reached an agreement on contract terms, and a binding contract exists from that time

access the right to visit with the child and to obtain information regarding the child's health, education, and welfare

accommodation a human rights concept that refers to making changes that allow a person or group protected by the Human Rights Code to participate in the workplace; most often required with respect to disability, creed, and pregnancy; for example, accommodating a blind employee could involve providing a voice synthesizer on a computer

accord and satisfaction a means of discharging a contract whereby the parties agree to accept some form of compromise or settlement instead of performance of the original terms of the contract

accredited interpreter an interpreter used in a refugee hearing who has undergone a security check and has passed a language exam

accretion slow accumulation over time

acknowledgement and direction document signed by parties to a real estate transaction authorizing their respective lawyers to sign and release the documents electronically on their behalf

acquittal a finding of not guilty

act see statute

action splitting dividing an action into two or more actions in order to bring it within the Small Claims Court monetary jurisdiction

action one of the two procedures by which a civil matter is commenced in the Superior Court; the other such procedure is an application

ad idem see consensus ad idem

ademption situation that occurs when the object of a specific gift does not exist or is not owned by the testator at the time of his death

adequate notice the requirement for a party who wants to rely on an exclusion clause in a contract to bring the clause to the other party's attention and explain its legal implications before the contract is signed

adhesion contract a standardized contract for goods or services offered to consumers on a non-negotiable or "take it or leave it" basis, without offering consumers the opportunity to bargain over the terms of the contract

adjoining land property that shares a common boundary with the property being searched

adjourn put the trial over to a new date

adjournment postponement, usually of a hearing, and usually at the time that the hearing was to begin or after it has begun

adjudication the process of receiving and considering the evidence and arguments presented by both sides in a dispute and making a binding decision by applying relevant law to the issues in the case

adjudicator the tribunal member or panel of tribunal members responsible for conducting a hearing and deciding the matter in dispute

adjusted cost base the cost at which capital property was acquired

adjusted sale price the value at which capital property is transferred

administration bond of indemnity promise by the estate trustee to administer the estate properly and promise by the estate trustee and a third party, such as an insurance company, to indemnify any creditors or beneficiaries prejudiced by the failure to do so

administrative agency a body created by a statute to administer that statute; administrative agencies are empowered to investigate complaints, make rulings, and sometimes issue orders

administrative law law that governs the organization, duties, and quasi-judicial and judicial powers of the executive branch of government, including both central departments and agencies; a branch of public law

administrative notice see judicial notice

administrative tribunal a quasi-judicial bodyestablished under legislation to implement legislative policy — for example, the Immigration and Refugee Board is an administrative tribunal established under the IRPA

administrator a person who is appointed by the court to administer the property of a person who has died without naming an executor in a will

admissibility the qualification of information to be received as evidence in a proceeding as determined by the tests of relevance, reliability, necessity, and fairness; see also admissible evidence

admissibility hearing (immigration law) the hearing that is held at the Immigration Division when a person allegedly breaches Canadian immigration laws pursuant to s. 44 of the IRPA, where an officer is of the opinion that a permanent resident or foreign national is inadmissible

admissible evidence evidence that may be considered by the trier of fact because it meets the tests of relevance, reliability, necessity, and fairness

admission a voluntary acknowledgment by a party that an allegation of fact made by another party is true — in other words, that the allegation is not in dispute

admission by action meaning or intention conveyed by an act or gesture

admission of a party anything said by a party by way of word or conduct that the other party wishes to introduce against that party

advance ruling certificate (competition law) certificate issued by the commissioner of competition confirming that a proposed purchase of a business does not contravene the provisions of the Competition Act

advanced given or provided

adversarial system a system of resolving disputes by holding a hearing in which the judge or adjudicator does not actively investigate but relies on opposing parties to present evidence and challenge each other's evidence; the adjudicator's decision is based on the evidence thus presented.

adverse effect discrimination the act of imposing an apparently neutral requirement that disproportionately affects a particular individual or group in a negative way based on a ground of discrimination prohibited under a human rights code

adverse impact discrimination unintentional discrimination that has an adverse effect on members of certain groups (also known as constructive discrimination)

adverse possession valid title to land through open, visible, and uninterrupted possession of that property, without the owner's permission, for a period of at least 10 years

adverse witness a witness whose testimony shows her interests to be aligned with the opponent and who is therefore likely to colour her evidence in favour of the opponent

adversely without the owner's permission

advocacy process of presenting a position, viewpoint, case, or defence

advocate a person who pleads for or represents the position or viewpoint of another; also called a "representative"

affiant a person who swears to the truth of statements set out in her affidavit

affidavit written statement setting out the evidence of the person who swears or affirms its contents are true in the presence of a commissioner of oaths; often for use in legal proceedings

affidavit of documents an affidavit in which a party identifies those documents that are relevant to the issues in the proceeding and that he has in his possession, power, and control and can produce; he must also identify those documents that he once had in his possession, power, and control but no longer has and those that he objects to producing; privileged documents, such as solicitor–client correspondence, will fall in the latter category; the documents being produced and relied on are contained in a document brief that is filed as evidence in the proceeding and may be referred to in court

affidavit of execution a sworn statement in writing, signed by the witness to a contract, stating that the witness was present and saw the person signing the contract actually sign it; the affidavit can be used to prove that a party to a contract actually signed it

affidavit of spousal status affidavit attached to a deed (in use after 1978 until the Land Registration Reform Act came into force) that provided evidence of the marital status of the grantors or transferors

affirm approve and leave in place

affirmative action a policy designed to increase the representation of groups that have suffered discrimination

age cohort describes the characteristics of the members of an age grouping in the general population such as adolescents aged 13-19, often to distinguish it from other age groupings on the basis of various characteristics of one cohort that differentiate or distinguish it from other cohorts

agency any body, such as a board, commission, or tribunal, established by government and subject to government control to carry out a specialized function that is not an integral part of a government ministry or department

agent a party who has the capacity to bind another party in contracting with others

agent a person appointed by a participant in a proceeding to represent him or her; usually distinguished from counsel; also called a "representative" or "advocate"

agent for service an individual or a corporation whose responsibilities are to be available to receive service of documents on an extra-provincially registered corporation and to pass these documents on as quickly as possible to the principal

agent (employment law) a party who has the capacity to bind another party in contracting with others

agent (administrative law) a person appointed by a participant in a proceeding to represent him or her; usually distinguished from counsel; also called a "representative" or "advocate"

aggravated damages damages awarded to compensate a party for non-monetary losses intentionally or maliciously caused by the other party's conduct

agreement of purchase and sale contract created once an offer of purchase and sale has been accepted

agreements to vary agreements between employers and employees to vary from legislated minimum employment standards with respect to daily and weekly maximum hours of work, overtime hours and pay, and vacation time

air of reality test a test of whether the defence to a charge is reasonable in light of the evidence

alienage being outside one's country of nationality or citizenship

alimony a common law action by a wife for support from her husband

allegation an assertion made in a pleading by a party to an action, setting out what she hopes to prove

allied picketing picketing a workplace that is not the employer of the striking workers but a workplace where work has been reorganized to directly assist the employer of the striking workers

allocation assignment of a portion of the purchase price to each of the various classes of assets in an asset purchase transaction; affects the calculation of taxable income under the ITA for the parties to the transaction; allocation is as agreed upon by the parties

allowance compensation paid to the trustee for administering the trust

allowed on consent an appeal that may be allowed if the minister concedes to the appellant's position

alter ego trust a particular kind of inter vivos trust, which is used to avoid the 21-year deemed disposition rule in the Income Tax Act

alternate beneficiary a beneficiary who becomes a beneficiary by taking the place of a previously named beneficiary, most commonly as a result of the death of the previously named beneficiary

alternative dispute resolution term used to describe various ways of settling disputes without going to court, including arbitration, mediation, and conciliation

alternative to personal service alternative method of delivery of a legal document to another party in a proceeding; may be used when the party being served has a lawyer with instructions to accept service of documents or when personal service has been attempted and has failed

alternative vacation entitlement year a period used in calculating the entitlement to vacation that does not start with the employee's hiring date or the anniversary of the hiring date

amend to change or correct a pleading, with the object of improving it or making it more complete

amending up the practice of having the defendant tried on the actual rate of speed instead of the reduced rate of speed specified by the officer when the charges were laid

amortization period length of time it takes to repay a loan in full following the schedule of monthly payments in the charge

amortization schedule schedule setting out the breakdown of each monthly blended payment between principal and interest and the remaining principal balance after each payment

annexation attachment

annotated of a court or tribunal decision or a provision of a statute, regulation, or other rule or guideline, a version containing notes or comments intended to explain its meaning

annual meeting a meeting of shareholders held to consider the minutes of the previous meeting; receive the directors' annual report, the financial statements, and the auditor's report; elect directors; appoint auditors; and conduct any further business properly brought before the meeting

annulment a declaration that the marriage was never valid

anti-lapse provisions rules designed to allow gifts to certain relatives of deceased beneficiaries that would otherwise lapse

anti-union animus ill will; where an employer takes an action in order to defeat the employees' right to join a union of their choice

anticipatory breach an express repudiation that occurs before the time of performance of a contract

appeal a request for a review of an agency's decision by a higher authority such as a court or a senior government official or body; a right that is available only when provided by statute; distinguished from judicial review

appeal as of right appeal that a party has a legal right to bring and for which leave to appeal is not required

appellant a person who appeals a decision of a government official, a tribunal, or a court

appellate court the court of appeal or the divisional court

applicant party who files an application with a court or other tribunal

application one of the two procedures by which a matter is commenced in a court or a tribunal; the other such procedure is an action

application to terminate statutory guardianship of property application to end the guardianship of the Public Guardian and Trustee

apportionment the practice of awarding damages based on the contribution of each negligent party

appraisal rights a shareholder remedy where a dissenting shareholder may require a corporation to purchase its shares upon the shareholder's complying with the requirements set out in the statutes

arbitrable whether or not an issue in dispute is one which the arbitrator has jurisdiction to hear

arbitration an adjudication in which one or more neutral third parties makes a binding decision after holding a hearing; usually refers to an adjudication in which the adjudicator, sometimes called an "arbitrator," is chosen by the parties; see also arbitrator

arbitrator a person who decides disputes on the basis of evidence submitted by the parties

arguments presentation to a court or tribunal of reasons to accept a party's point of view, including a summary of the evidence and the law that support this point of view; also called "submissions"

arm's-length transaction a transaction negotiated by unrelated parties, each acting in his or her own independent self-interest; "unrelated" in this context usually means not related as family members by birth or marriage, and not related by business interests

arraignment the formal reading of the charges to the defendant or the defendant's representative in anticipation of a plea

arrangement an agreement entered into by a corporation with its shareholders to effect a compromise or arrangement with respect to the rights of the shareholders that cause the corporation difficulty, financial or other

arrears payments that are past due

arrears of rent unpaid rent that is owed to a landlord

arrest to take a person into legal custody

articles of incorporation a document filed with the appropriate government authority that provides for incorporation as of right, provided that the required steps are followed

as of right without needing the consent of the other party or an order of the court

assault the intentional creation of the apprehension of imminent harmful or offensive contact

assessment of costs a costs order made by a judge where the actual amount of the costs is determined at a separate hearing by an assessment officer

assessment of damages a determination of the money damages owed to the plaintiff by the defaulting defendant(s); may be done by a motion in writing or by an assessment hearing

assessment order an assessment order is an order made by a judge on a motion in writing for an assessment of damages in an unliquidated claim where all defendants have been noted in default

assign to transfer a legal right or entitlement (including wages owed or the money in a bank account) to another person

assignee a party to whom something is transferred, or to whom rights under a contract have been assigned by way of an assignment

assignment a transfer by one party of his or her rights under a contract to a third party

assignment in bankruptcy some debtors find that there is insufficient income to pay debts as they come due and they can retain a trustee in bankruptcy and assign most of their assets to the trustee for distribution to creditors, after which debtors may emerge from bankruptcy with most of their debts wiped out; an assignment in bankruptcy, sometimes called voluntary bankruptcy, is distinguished from a petition in bankruptcy, which is involuntary and where a creditor forces the debtor into bankruptcy by filing a petition in bankruptcy

assignment of a tenancy a tenant turning over the rights and obligations of a tenancy to a different tenant

assignment of asset insurance security given to lender by an assignment of insurance against damage to or theft or loss of assets of the borrower included in the collateral for a loan

assignment of life insurance security given to a lender by an assignment of a life insurance policy taken out by a corporate borrower (often known as key man life insurance)

assignor a party who assigns his or her rights under a contract to a third party

assumed charge existing charge taken over by the purchaser, who pays the vendor the purchase price of the property minus the outstanding balance of the charge

asymmetric cryptosystem (public key encryption) a form of electronic signature consisting of a private and public key; the sender controls both and sends them as the signature on a document; the recipient can access the public key to unlock the private key to decrypt the document and verify the signature, but the codes in the private key are not revealed to the recipient

attendance money formerly called conduct money, composed of the per diem witness fee and an amount for transportation and lodging in accordance with tariff A

attestation clause a clause on a job application form that states that the information provided is true and complete to the applicant's knowledge and that a false statement may disqualify the applicant from employment or be grounds for dismissal

attorney person authorized to act pursuant to a power of attorney

attractive nuisance a dangerous condition of property that may arouse the interest of children

attribution of capital gains the decision by the Canada Revenue Agency to treat the capital gain of one spouse as the capital gain of the other spouse

Automated Registry computerized abstract listing all registered documents, including those registered prior to automation

automatic certification certification that is granted without a vote if a union demonstrates that more than 50 percent of the employees in the bargaining unit have joined the union

B

backsheet part of every court document, it contains the name, LSUC number, address, and telephone and fax numbers of the lawyer who prepared the document, the short title of proceedings, the court and court file number, the fax number of the person to be served (if known), and a large space reserved for court officials to make entries on

bad faith for improper purposes, in order to obtain an unfair advantage

bad-faith bargaining the practice of engaging in bargaining with no intention of making an agreement with the other party

bailee the party who holds or stores goods for another

bailment an agreement between parties that one will store the goods of the other

bailor the party who has handed over goods for storage to another

balance due on closing exact amount the purchaser pays to the vendor when the real estate deal closes

balance of convenience a common law test; a court applying this test will balance the prejudice to one party of denying the relief asked for, against the prejudice to the opposing party if the relief is granted

balance of probabilities the standard of proof in civil lawsuits and most arbitrations; requires that a party prove that its version of the facts is more probable than that of its opponent

balloon payment final payment for the amount of principal that remains unpaid at the end of the term of a charge

Bank Act security security taken in the goods, wares, or merchandise of the borrower pursuant to s. 427 of the Bank Act

Bankruptcy Court in Ontario, several judges of the Superior Court with expertise in bankruptcy law have been assigned to sit in what is called Bankruptcy Court, which is not a formal statutory part of the Superior Court; its judges sit in Toronto, Ottawa, and London

bargaining unit a group of the employer's employees whom the trade union is entitled to represent

battery any non-consensual physical contact or touching by the defendant to the plaintiff's physical person

beneficiary a person for whom trust property is held, or a person who is entitled to the benefits of an agreement entered into between two or more other parties

bereavement leave permission not to come in to work in order to take part in activities related to the funeral of a relative

best evidence rule a largely outdated rule that the original document must be presented in evidence if it is available

beyond a reasonable doubt a standard of proof normally reserved for criminal matters and requiring the prosecution to prove that the defendant committed the illegal act to the extent that a reasonable person would not doubt that the act was committed

bias an interest, attitude, relationship, or action that leads a decision-maker to favour one party over another

bill in parliamentary and legislative practice, a version of a statute (or in municipal practice, a version of a bylaw) introduced in the legislature to be passed as a law

bill of costs list of allowable fees and disbursements that is used by an assessment officer to assess a litigant's costs after the litigant is successful in obtaining judgment; differs from an account because it does not include all fees charged to a client

binding requiring a lower court to follow a precedent from a higher court in the same jurisdiction (see also stare decisis)

binding authority a judicial decision by a higher court that must be followed by lower courts (also known as binding precedent)

blanket mortgage a mortgage creating a lien against more than one property; developers use blanket mortgages when subdividing large parcels of land into many separate lots; a blanket mortgage is spread over the entire parcel of land, rather than applied to each individual lot

blended payment charge payment combining principal and interest into equal monthly payments

block area of land created during the remapping of property under POLARIS

block number five-digit number assigned to a block; the first part of the PIN

boilerplate standard wording that is part of every copy of a particular type of document

bona fide in good faith

bona fide occupational qualification (BFOQ) or requirement (BFOR) a reasonably necessary qualification or requirement imposed in a sincere belief that it is necessary for job performance

bona fide purchaser for value purchaser of property who gives valuable consideration for the property and is acting in good faith

bonus interest penalty of interest for a period of time, for early payment of a loan

book of authorities a binder containing the cases, statutory provisions, and excerpts from legal texts that a representative will rely on in support of his or her position before a court or tribunal

breach of contract failure, without legal excuse, to perform a promise imposed by contract

bridge extension an interim work permit for a live-in caregiver that is valid for a period of two months

bring down certificate certified statement by an officer of the vendor or purchaser confirming that the representations and warranties made at the time of the execution of the purchase agreement are also true and correct at the date of closing

browse-wrap contract an electronic transaction where the purchaser is able to click and see the terms of a contract on a website, but is not required to read or agree to them to complete the transaction

building permit document that grants legal permission to start construction of a "building"

bump; bumping rights the rights of more senior employees to claim the jobs of more junior ones, when the senior employee has been slated for layoff

burden of proof the responsibility for proving a fact, proposition, guilt, or innocence; can rest with either party in a civil or criminal matter, according to the applicable rules of procedure

business person/business visitor (immigration law, international law) a person who seeks entry to Canada through some sort of pre-arrangement, such as an employment contract or under NAFTA or GATS

business record a record made in the ordinary course of business by an individual performing the duties of employment who has no motive to fabricate

business unionism describes unions that do not express a political preference, that see themselves as politically neutral or apolitical, and that focus almost entirely on the immediate needs of their members in the negotiating and enforcing of collective agreements

buyer purchaser of the property

bylaw law enacted by a subordinate legislative body, such as a municipality, under the authority of a statute

bylaws (condominium) rules governing the internal operation of the condominium corporation

bylaws (corporate) regulations made by a corporation to govern its internal affairs

C

Cabinet committee of ministers that holds executive power and is responsible for passing legislation; the Cabinet is chaired by the prime minister or the premier of the province, and the members are ministers who have been elected and hold seats in either the House of Commons (federal government) or the legislature (provincial governments)

Canada Industrial Relations Board (CIRB) an administrative tribunal set up to administer the labour relations portion of the Canada Labour Code and some parts of the health and safety part of the Code

Canadian Orientation Abroad (COA) program a one- to five-day program designed to help integrate refugees into Canadian society

candid forthright and sincere, able to look at both sides of an issue without bias

capacity an acceptable ability to observe and then correctly recall observations or experiences, and an acceptable ability to communicate these observations to the trier of fact

capital cost allowance amount that can be deducted from income each year by a business for depreciation of its capital property

capital disbursements lump-sum payments made out of the estate other than those that are revenue disbursements

capital gain in tax law, the portion of the proceeds from the disposition of an asset in excess of the initial tax cost of the asset

capital gains tax federal tax levied on the profit realized when capital property, other than a principal residence, is sold

capital loss in tax law, the shortfall that results where the proceeds from the sale of an asset are less than the initial tax cost of the asset, deductible in the calculation of the recipient's taxable income for the year

capital receipts money coming into the estate in lump sums

care and management fee compensation paid to the estate trustee for administering an ongoing estate

care home building for people to receive care services such as health care or assistance with daily living

carriage responsibility for a file or a case

case assessment direction in a proceeding before the HRTO, a direction issued by the Tribunal before a hearing that may address any matter that the Tribunal feels will facilitate the fair and expeditious resolution of the case — for example, identifying the main issues, facts on which the parties agree, procedural issues that need to be decided before the hearing, and any witnesses who should attend the hearing; see also case conference

case citation a reference for locating a specific case that includes style of cause (case title); volume number, name, series number (where applicable), and page of the case report in which it appears; and court

case citator a publication that lists significant court decisions and tracks how they are applied in subsequent cases

case conference conference managed by the case management judge or master, who controls timetables and settles all procedural matters

case conference (human rights proceedings) in a case before a human rights tribunal, a meeting of all the parties and affected persons convened by the tribunal to discuss the conduct of the proceedings

case law law made by judges, and other adjudicators, in their judgments; as contrasted with law made by legislatures

case management judge or master court official assigned to each case managed case to ensure court control over the case on its way to trial

casting vote a vote that decides between two equal parties, especially when used by the chair of a meeting

casual client a client who consults you regarding a legal issue, but then decides not to proceed, or not to hire you to act as his legal representative

cause in fact the factual link between one person's actions and another person's harm

cause in law the proximity or remoteness of one person's actions in causing another person's harm

cause of action the factual and legal grounds for seeking a remedy from a court

caveat emptor Latin term meaning "let the buyer beware"

certificate of action certificate of the court verifying that a statement of claim has been filed in a construction lien action

certificate of appointment of estate trustee with a will document from the court setting out the name of a deceased with a will, identifying the estate, and confirming the identity and providing contact information for the estate trustee

certificate of appointment of estate trustee without a will document from the court setting out the name of a deceased without a will, identifying the estate, and giving the name and address of the estate trustee, once a trustee has been appointed after application to the court

certificate of compliance certificate issued by Industry Canada in respect of a CBCA corporation confirming that the corporation is incorporated and in good standing

certificate of offence a certificate of a violation prepared by an officer under Part I of the POA

certificate of parking infraction a notice of a violation issued by an officer under Part II of the POA

certificate of status certificate issued by the Ontario Ministry of Government Services in respect of an OBCA corporation confirming that the corporation is validly existing

certification the process where a union shows it has sufficient support among the employees for the labour board to give the union the legal right to act as the exclusive bargaining agent for those employees

certify title describe the state of the owner's title, including any limitations

cessation clause a clause that provides the framework for when protection may lawfully cease under s. 108 of the IRPA

chain of custody documented proof that physical evidence has not been tampered with, by showing "continuity of possession"; involves keeping the object under lock and key or otherwise secure, and ensuring that a record is kept of each person who handled or transported the object from the time it was received until the date of the proceeding

chain of title list of all owners within the 40-year search period

charge or mortgage of land an interest in land to which a borrower holds title given to a lender as security for a loan

charge taken back another name for vendor take back charge

charge to the jury judge's instructions to the jury, before the jury begins deliberations, regarding the applicable law, the standard of proof, and the available defences

chargee lender

chargee in possession chargee who takes possession of the charged property after default by the chargor

charging act a piece of legislation under which a person is charged (for example, the Highway Traffic Act)

charging documents used to initiate charges against a defendant

chargor borrower and owner

charitable power clauses clauses inserted in an application for incorporation or application for supplementary letters patent that empower an NPO to do specific acts

charitable trust trust that is set up for a charitable purpose

Charter principles see Charter values

Charter values the values that underlie the specific rights and freedoms set out in the Charter; for example, the value "privacy" underlies the right to be free from unreasonable search and seizure in s. 8 of the Charter; also called "Charter principles"

chattel an item of tangible (physical) personal property that is neither real property nor attached to real property

chattel mortgage a loan that is secured against personal property; in Ontario, such security interests are registered under the Personal Property Security Act

chattel mortgagee one who holds a loan secured against personal property or chattels

Children's Lawyer official of the Ontario Ministry of the Attorney General whose office oversees the rights of some minors involved in civil litigation and custody disputes

chose in action intangible personal property whose value lies in what it represents — for example, debts, insurance policies, negotiable instruments, contract rights, patents, and copyrights

circumstantial evidence evidence that tends to show that something is likely to be a fact even though no witness directly observed the event in question; evidence from which inferences about other facts can be drawn; see also direct evidence

circumstantial guarantees of reliability aspects of the circumstances surrounding the formation of the evidence that enhance its reliability

citation information identifying where a statute, regulation, bylaw, court or tribunal decision, or article is published; also called a "cite"

citator see case citator, statute citator

cite as a noun, colloquial for "citation"; as a verb, refers to the use of a case or a law as an authority for a proposition, such as a particular interpretation of a law

citizen a person who has the right to live in a country by virtue of birth or by legally acquiring the right

citizenship the full political and civil rights in the body politic of the state

citizenship judges quasi-judicial decision-makers who have the authority to decide citizenship applications

civil law law that relates to private, non-criminal matters, such as property law, family law, and tort law; alternatively, law that evolved from Roman law, not English common law, and that is used in certain jurisdictions, such as Quebec

civil procedure established steps, rules, and procedures used to administer civil (non-criminal) justice

claimant another word for plaintiff; a claimant is anyone who commences a claim

class action a lawsuit brought by one party who represents many persons with similar claims

class proceeding fund public fund of the Law Foundation of Ontario, administered by the Law Society of Upper Canada, to provide funding for the costs of class actions which otherwise might be beyond the financial reach of the parties

clearance certificate Canada Revenue Agency document that confirms that all income taxes on an estate have been paid and the estate trustee is discharged from further responsibility for the estate with respect to such taxes

click-wrap contract an electronic transaction where the purchaser sees the terms and must click on an icon that indicates the purchaser has agreed to the terms before the transaction is completed; also called a "click-through" agreement

client a person who consults with you and hires you to represent her in a matter or a number of matters

client identification information obtained from the client regarding who the client is and what the client does

client matter number a unique number assigned by the paralegal firm (or the file management software) to a particular client matter in order to identify that matter for filing, docketing, and billing purposes

client verification obtaining documentary or other confirmation that the client is who he says he is

closed charge charge that prohibits repayment of the loan before the expiry of the term

closed hearing a hearing held behind closed doors (in private), in which the only persons permitted to attend are those directly involved in the case, such as parties, their representatives, and necessary witnesses; also called an "in camera" hearing

closed question see leading question

closing agenda a step-by-step plan for closing, which outlines all of the necessary time lines, locations, parties, and signatories to the transaction, documentation requirements, and the escrow terms of the closing; it often functions as a checklist for completion of tasks and documentation relating to the transaction

closing argument summary of a party's case, including a discussion of the relevant law

closing date day on which a real estate transaction is completed and title is transferred

club an organization or premises, typically a service (such as the Rotary Club) or social club, whose objectives are wholly or partly social in nature

co-conspirator exception rule allowing evidence against one member of a conspiracy as evidence against all other members

co-defendant one defendant in multi-defendant proceeding

co-operative a type of member-owned organization in which people with common interests and goals join forces to advance a cause such as obtaining housing or promoting the interests of workers

co-owner someone who owns property in common or jointly with one or more other persons

co-owner of debt a person who is entitled to part of the debt payable to the debtor

co-signer a person who co-signs with a sponsor who does not have the necessary financial means to be an approved sponsor

co-worker negligence a common-law defence in an action arising from negligence in which it is asserted that the plaintiff's injuries were caused by the negligence of the plaintiff's co-worker, not the employer

codicil formal document that amends a will

codification the collection of the principles of a system or subject of law into a single statute or set of statutes

codified written down and/or organized into topics, or converted into binding legislation

cohabitation agreement an agreement between two persons who are cohabiting or intend to cohabit and who are not married to each other in which they agree on their respective rights and obligations during cohabitation, on ceasing to cohabit, or on death

coined word a word that has been created and is unrelated to any other word

COLA cost of living adjustment; usually an annual percentage increase in salary during the life of an agreement to cover inflationary increases in the cost of living

collateral facts rule rule that limits the calling of additional evidence to contradict evidence on an issue that is not before the court

collateral (adj.) as part of

collateral (n.) real or personal property against which a loan is pledged

collective agreement a written agreement between an employer and its employees' bargaining agent that contains the terms and conditions of employment

Collins test test used by the courts to determine whether a police search is reasonable; the search must be authorized by law, the law that authorizes the search must itself be reasonable, and the search must be conducted in a reasonable manner

commit waste destroy, abuse, or make permanent undesirable changes to a property

committee of adjustment independent body appointed by a municipality with the authority to grant consent to conveyances that result in a severance

Common Elements and General Index register that contains a description of the common elements and any easements and encumbrances that affect all the units

common elements areas of the condominium development owned as tenants in common by all of the individual unit owners

common expenses monthly fees paid by unit owners to cover the condominium corporation's obligations

common law a body of law set out in court decisions; derives its authority from the recognition given by the courts to the role of precedent, and to principles, standards, customs, and rules of conduct (generally reflecting those accepted in society) in deciding disputes; distinguished from statute law, and often called "case law"

common mistake both parties to a contract are mistaken and make the same mistake

common shares shares that entitle their owners to participate fully in the corporation and to receive dividends and any remaining property of the corporation available for distribution on its dissolution or windup

community sponsor organizations, associations, and corporations that sponsor refugees

company unions unions that were not worker organized or controlled, where there was connivance between union leaders and the employers

compellable legally required to give evidence at a hearing

compendious mode of expressing facts testimony in which the witness mixes opinion into his narrative in order to express himself; permitted by the court where it is difficult for the witness to express the information without stating an opinion

compendium summary of material to be referred to at a hearing, designed for easy access by judge

compensatory claim a claim for spousal support based on the recipient spouse's economic loss or disadvantage because of the marriage

competence the legal ability to give oral evidence in a hearing

competent paralegal a paralegal who has and applies the relevant skills, attributes, and values appropriate to each matter undertaken on behalf of a client

complex causation multiple causative factors, including possible contributory negligence on the part of the plaintiff and/or conditions not caused by plaintiff or defendant

compliance with law statements statements in which a lawyer confirms that all necessary legal requirements have been met

compromise and settlement when a party agrees to waive some part of what is owing or make other concessions in order to resolve a matter without the additional costs, delay, and uncertainty of a court proceeding

concession large parcel of land created during the original division of land in Ontario resulting from the creation of east–west road allowances in a township

conciliation a process where a third party attempts to assist the parties in reaching a negotiated agreement; conciliation is a prerequisite to a legal strike

condition an essential term of a contract, the breach of which denies the innocent party the benefit of the contract, or defeats the purpose of the contract

condition precedent an event (or non-event) that must occur (or not occur) before a contract can be enforced

condition subsequent an event that, if it occurs, will terminate an existing contract

conditional offer of employment a job offer that is subject to certain requirements being met

conditional relevance term describing evidence that may not initially appear relevant but is admitted on condition that its relevance will be established

conditional removal order a departure order with conditions attached; issued pending the outcome of a refugee claim

conditional sale contract with this kind of contract, the vendor finances the debtor's purchase, taking security in the item sold; also called a purchase money security agreement or a hire-purchase agreement; a slang term for this kind of contract is "buying on the never-never," meaning that you never seem to stop paying in order to get title to (own) the chattel

conditionally admissible term describing evidence that is admitted for a specific purpose but that is not at that stage admissible on the larger issue

conditions of closing terms of the agreement of purchase and sale that must be satisfied before any purchase or sale transaction can be completed

conditions of tender conditions relating to the exchange of consideration due on the closing of a purchase and sale transaction

condominium a method of land ownership in which the entire property is owned by a corporation, which is in turn owned by the owners of individual units within the condominium; ownership of units is registered separately from ownership of the complex as a whole

condominium corporation corporation that comes into existence upon registration of the condominium plan

condominium unit unit that is part of a condominium development

condonation implied acceptance by one party of the conduct of another party; once misconduct is condoned, the person who has condoned the misconduct cannot take legal steps against the other without any new misconduct

conduct unbecoming conduct by a member of a profession that is inconsistent with the accepted standards of professional conduct for the profession

conference a proceeding at which the refugee claimant (and/or counsel) meets with an RPD member before a hearing to discuss issues, relevant facts, and other matters to make the hearing more fair and efficient

conference brief a case conference brief (form 17A or form 17B), a settlement conference brief (form 17C or form 17D), or a trial management conference brief (form 17E)

confession rule rule that a statement made to a person in authority is not admissible unless it was made voluntarily

confidential a worker who regularly has access to information that is normally kept from the union and who would be in a conflict of interest if he or she were included in the bargaining unit

conflict of interest a situation in which a decision-maker has a personal or financial interest in the outcome of the proceeding that can affect his or her ability to make a fair decision, or where the same professional purports to represent parties who have incompatible interests

conscriptive evidence evidence obtained as a result of the accused's being compelled to participate in the creation or location of evidence

consensus ad idem when there has been acceptance by the offeree of an offer, the parties have reached an agreement on terms, and they have an intention to be bound by those terms; they are said to have reached a consensus ad idem (a "meeting of the minds"); sometimes a shorter form is used, and the parties are said to be ad idem

consent to variance committee of adjustment approval of a building or use of a property when it does not conform to a current bylaw and is not a legal non-conforming use

consequential damages secondary damages that do not flow from the breach of contract but from the consequences of the breach, such as loss of future profits

consideration payment; the benefit or value that flows from each party to a contract to the other and that induces each of them to enter into the agreement.

conspiracy a common design or plan by two or more persons to commit a criminal act or omission; to deceive, mislead, or defraud others of their legal rights; or to gain an unfair advantage .

constituent group (CG) a group authorized by a sponsorship agreement holder to sponsor refugees on its behalf

Constitution the body of binding fundamental rules that govern the exercise of power by government; to be valid, all other laws must conform to this set of fundamental rules

Constitution Index register that contains the declaration, description, and bylaws of the condominium

constitutional law in Canada, a body of written and unwritten laws that set out how the country will be governed, including the distribution of powers between the federal government and the provinces

construction lien lien against land that may be claimed by a person providing labour, services, or materials to a construction project

construction pyramid illustration of the contractual relationships between parties in a typical large construction project

constructive discrimination unintentional discrimination that has an adverse effect on members of certain groups; see also adverse effect discrimination

constructive dismissal fundamental breach by an employer of an employment contract that entitles an employee to consider herself dismissed and to sue the employer for wrongful dismissal

constructive trust an implied trust created by the operation of law, as distinguished from an express trust; often imposed by a court in an effort to reverse unjust enrichment

construe to interpret

consumer proposal a plan put forth by a debtor to her creditors, through a trustee in bankruptcy, wherein a reduction of debt, interest, and/or a longer period to pay debts is suggested

contempt any act that obstructs or hinders the court in the administration of justice, or that shows disrespect for the court; there must be an element of deliberation for an act to amount to contempt

contextual approach the increasing tendency of courts to view employee misconduct within the overall context of the employment relationship, including length of service and work and disciplinary record, in determining whether the employer had just cause for dismissal

contingency fee fee payable to a lawyer only if he or she wins the case for a client

contingent conditional

contingent beneficiary person who, if a particular condition is satisfied, becomes a beneficiary of a trust

contingent liability a liability that is not fixed and absolute but will become fixed and absolute when a specified event occurs

continuance a procedure that allows a corporation governed by the laws of one jurisdiction to leave that jurisdiction and to continue and become governed by the laws of another jurisdiction

continuing record the court's records of all the documents in a case

contra proferentem rule a rule used in the interpretation of contracts when dealing with ambiguous terms according to which a court will choose the interpretation that favours the party who did not draft the contract

contract an agreement made between two or more parties or a party and the state that the law recognizes and will enforce

contract law an area of civil law that governs agreements between people or companies to purchase or provide goods or services

contract zone the area between the positions of the parties where settlement is possible

contracting state country that is a signatory to a contract or convention

contributory a person who is liable to contribute to the property of the corporation in the event of the corporation's being wound up under the OBCA

contributory negligence a common-law partial defence in an action arising from negligence in which it is asserted that the plaintiff's own negligence directly caused or contributed to the injuries suffered

Convention refugee a person who has been granted protection under the refugee definition in the 1951 Convention Relating to the Status of Refugees

convention an agreement among nations, such as a multilateral treaty

conventions ways of doing something that have been accepted for so long that they amount to unwritten rules

conversion wrongful possession that includes exercise of rights of ownership, preventing the actual owner from exercising such rights

conviction a final decision by a justice that there is proof that the defendant committed the offence for which he or she was charged

cooling-off period 10-day period during which the purchaser can back out of the purchase

CorpCan Corporation Canada's online computer system for producing and filing documents under the Canada Business Corporations Act through the Online Filing Centre

corporation profile report a report produced by the Ontario CPVSB that displays current information on the public record about a corporation, including all directors, officers, and registered office, as well as some historical information, such as amalgamation and name history

corporation a legal entity distinct from its shareholders or members, brought into existence by filing a document under the appropriate statute or special statute of the jurisdiction in which the corporation carries on business, with liability separate from its shareholders or members, and vested with the capacity of continuous succession

correctness standard applied by a court to an agency's decision where there is only one correct answer to the question addressed; one of three standards of review historically applied by the courts in an appeal or judicial review proceeding; see also patent unreasonableness, reasonableness simpliciter

corroborate confirm or support with additional evidence

corroboration confirmation or support of evidence via other evidence

corroborative documents documents that corroborate a party's allegations

cost of living clauses clauses in collective agreements that give increases in wages during the life of an agreement based on increases in the cost of living due to inflation; also called escalator clauses

costs the expenses connected with a legal proceeding, including a party's legal fees, disbursements, out-of-pocket expenses, and court filing fees; the court can order that the successful party in a proceeding pay a portion of the unsuccessful party's costs

costs of disposition costs of disposing of the property, including real estate commission and legal fees

counsel a lawyer who represents and advises a participant in a proceeding; usually distinguished from an agent; also called a "representative" or "advocate"

counsel slip a form that must be filled out on a court appearance and given to the court clerk; it gives the court notice that there is someone appearing on the matter, and tells the court what your name is, the matter you are there on, and who your client is

counterclaim claim made by the defendant in the main action against the plaintiff or against the plaintiff and other persons

counteroffer a response to an offer by an offeree that does not unconditionally accept the terms of the offer but proposes to add to or modify the terms; also known as a sign-back

country information for a refugee claimant, information on the country of reference, such as country-of-origin information, as provided by the RPD

court administration staff work within the courthouse providing information and performing various administrative duties

court clerk ensures POA proceedings run smoothly by providing assistance to the judge or justice

court interpreter provides translation services to defendants who do not speak English

court martial formal military justice process in which civilian rules of evidence apply

court of competent jurisdiction with respect to the power to grant a remedy under s. 24 of the Charter, a body that (a) possesses jurisdiction over the parties, (b) possesses jurisdiction over the subject matter, and (c) has jurisdiction to grant the remedy requested

court of first instance court that made a decision that is under appeal

court security officer special constables who have been appointed to assist with courthouse security and attend to specific incidents that may arise

court-appointed guardianship scheme under which substitute decision making for an incapable person is possible

covenant promise by a party to an agreement to perform certain acts, or to refrain from acting in a certain manner, either prior to or following closing of the transaction

craft unions unions that organize on the basis of membership in a particular craft or trade, such as electrical or cabinet making, and ignore unskilled workers or members of other trades or crafts; also called horizontal unions

creditor a person to whom money is owed; also, a person who is entitled to enforce an order for the payment or recovery of money

creditors of the estate those to whom debts of the estate are owed

crime an act or omission that is an offence under criminal law

crimes against humanity any inhumane acts or omissions that are committed against any civilian population or any identifiable group

criminal conversation a tort action by which a husband could claim damages against a man who had sexual intercourse with the husband's wife

criminality domestic crime, as opposed to crimes against humanity or war crimes; the IRPA defines three categories of criminality: serious criminality under s. 36(1), criminality under s. 36(2), and organized criminality under s. 37

cross-claim claim brought by one defendant whom the plaintiff is suing against another defendant whom the plaintiff is suing

cross-claiming defendant defendant in the main action who commences a cross-claim against one or more of the other defendants in that action

cross-examination questioning of a witness by an opposing party or representative for the purpose of casting doubt on the reliability of the witness's testimony or bringing out additional evidence supporting the position of the opposing party; see also examination-in-chief

cross-questioning see cross-examination

Crown the state, including in the context of the criminal justice system; and/or the legal representative of the state

Crown in right of Ontario the legal title used to refer to the government of Ontario and how the government is usually named when it is a party to a legal proceeding

Crown patent grant of land by the Crown (the government) to the first owner

culminating incident the last incident of employee misconduct in a long history of misconduct; used to support dismissal

cumulative voting a right sometimes given to shareholders whereby every shareholder entitled to elect directors can cast a number of votes equal to the number of votes attached to that shareholder's shares multiplied by the number of directors to be elected; in some cases, the shareholder may cast all his or her votes in favour of one candidate or distribute the votes among the candidates in any manner he or she sees fit

custody the rights and responsibilities of a parent, including the right and responsibility to make decisions affecting the well-being of the child

customary international law law customs and practice that take on the force of law over time

D

damages losses and/or a sum of money awarded by a court as compensation for harm or loss caused by a violation of the law — for example, a breach of contract or an instance of negligence

damages for mental anguish damages that are awarded where the discriminatory conduct was wilful or reckless

date of default the date the cause of action arose

day book record listing recent registrations not yet entered into the abstract book

de facto custody actual custody, or custody in fact

de minimis Latin term meaning "of the least amount"; used in a legal context, for example, to refer to the specified threshold at which a claim for compensation may be made

debtor a person who owes money to another person; also, a person against whom an order for the payment of money may be enforced

decertification the legal process by which a group of unionized employees remove the union at their workplace

declarant upon registration, the person who owns the land described in the description and who registers the declaration and description that create the condominium plan

declaration/declaratory judgment a judgment where the court declares the rights of the parties on some issue before it; or a judgment issued by a court stating that a government authority is violating the law

declaration against interest a statement made by a party that is against the party's legal interest

declaration of transmission sworn statement by one or more of the estate trustees that sets out the particulars of the deceased and, if necessary, confirms that the deceased is the same person whose name appears on a stock certificate or in a transfer agent's records; used to direct the transfer agent to put the stock directly into the name of the estate or a beneficiary

declaration (condominium) document stating that the property is governed by the Condominium Act, 1998 and providing the consent of all mortgagees of the property, setting out the percentage of common elements associated with each unit and the percentage of common expenses that each unit owner will be required to pay, providing the address of the condominium corporation, and designating exclusive use common elements

declining jurisdiction failure of an official or agency to carry out a statutory function that it has a duty to perform

deed a written contract, made under seal by the promisor(s); also called a formal contract; typically used for the transfer of real property

deemed accepted as conclusive of a certain state or condition in the absence of evidence or facts usually required to prove that state or condition

deemed disposition rule rule that states that any capital gains that would have been earned by the deceased if he or she had disposed of all of the capital property in the last year of life must also be reported on the terminal T1 tax return

deemed rehabilitated an exemption from criminal inadmissibility; a person who was convicted outside Canada and who meets the criteria under s. 18(2) of the IRP Regulations may be deemed rehabilitated and permitted to enter Canada

defamation intentional harm to a person's reputation in the community either through slander (things said) or libel (things written)

default breach of one or more of the obligations contained in the charge; most commonly, the failure to remit principal and interest payments when due

default judgment a plaintiff obtains a default judgment when the defendant takes no action and files no defence when he is sued — in that case, the defendant is deemed to have admitted the debt and the plaintiff may then present necessary documents to the court clerk, who will then, on behalf of the court, sign a judgment for the amount owing; no hearing is required, no oral submissions are made, and no judge is required to sign a default judgment

defence the collected facts and method adopted by a defendant to protect against and counter a plaintiff's action; also, the document filed in court setting out the nature of the defendant's position

defence of due diligence the defendant must show that he or she took all reasonable steps to avoid committing the act in question

defence of necessity the defendant must show that it was necessary to commit the act in question, that no reasonable alternative existed, and that the harm caused by the act was outweighed by the harm that was avoided

defence of statutory authority a defence to strict liability that is available where a statute regulates a dangerous activity and the defendant complies with the statute

defendant in civil law, the party against which an action is brought; in criminal law, the party charged with the offence

defendant on the cross-claim defendant in the main action against whom a cross-claim is brought

defendant's claim a claim by a defendant against any party named in the plaintiff's claim, including the plaintiff or a co-defendant, or against a third party not named in the plaintiff's claim

deference a court's willingness to accept a decision of an agency rather than substitute a decision of its own despite the fact that the court may not agree with the decision; referred to in the context of standards of review in appeal or judicial review proceedings, often implying a duty or obligation of the court to the agency (to whom the court is said to "owe deference")

delegate entrust a person or body to act in another's place

delegated legislation see subordinate legislation

delegation of authority the giving of decision-making power to someone else; for example, a minister may delegate authority to an immigration officer

demerit points a penalty administered by the Ministry of Transportation for driving offences

demonstrative gift gift of a sum of money from a specifically identified source

denial an assertion by a party that an allegation of fact made by another party is not true — in other words, that the allegation is disputed

denunciation the formal or public expression of diapproval (often on moral grounds and often on behalf of civil society) of an act or omission

department a unit of the executive branch of government over which a minister presides; usually established to administer a specific set of laws and programs relating to a particular subject area, such as health, protection of the environment, government finance, or stimulation of business activity

departure order type of removal order that generally provides a person with 30 days in which to leave Canada

dependent variable a factor that changes as a result of the effects on it of an independent variable

deponent person who makes an affidavit

deponent the person who makes an affidavit; also known as the affiant

deportation order type of removal order that bars re-entry to Canada indefinitely

deposit document registered on title that verifies or clarifies facts related to the title; part of the purchase price prepaid when the contract is entered into and applied against the purchase price

derivative action a shareholder remedy where a complainant may apply to the court for permission to bring an action on behalf of the corporation or to intervene in an action to which the corporation is a party, for the purpose of prosecuting, defending, or discontinuing the action on behalf of the corporation

derivative evidence evidence that derives from a breach of an accused's rights

derogable rights human rights that can be temporarily suspended by a state in a time of public emergency; for example, freedom of movement may be temporarily restricted or removed

description document containing a plan of survey of the condominium property, architectural plans of the buildings, specification of unit boundaries, unit diagrams, and the certificates of the architect and land surveyor

designate choose someone for a position, duty, or responsibility

designated foreign national (DFN) a person (generally a refugee claimant) who was part of a group of smuggled persons into Canada whom the minister has designated as an irregular arrival (see specific definition in IRPA, s. 20.1)

designated irregular arrival a group (generally of refugee claimants) that the minister has reasonable grounds to believe was part of a human smuggling operation and is so designated in the public interest

designated partner a partner in a partnership with more than 10 partners and a principal place of business in Ontario who submits a form on behalf of the partnership for registration under the Business Names Act

designated representative person chosen by the RPD to act and make decisions on behalf of a refugee claimant

detain keep a person in legal custody, such as in a prison or immigration holding centre, prior to a hearing on a matter

detention (immigration law) when a foreign national is detained within the 30-day period, such as for arrest on a criminal charge, the 30-day period is suspended until either the foreign national is released or the removal order becomes enforceable

detention review hearing before the Immigration Division for the purpose of reviewing the reasons for a permanent resident's detention under the IRPA

deterrence a principle of sentencing intended to discourage a defendant (and other parties aware of the sentence) from offending or reoffending; specific and general are the two types of deterrence

detinue wrongful possession of a chattel that belongs to another

devise a specific gift of real property in a will

devolution the legal transfer of rights or powers from one person to another

diarize record on a calendar the dates by which work must be completed

digital signature unique digital identifiers comparable to a password or bank PIN used by lawyers when documents are registered electronically

direct discrimination discrimination resulting from a standard that is discriminatory on its face, rather than from a standard that is neutral on its face but has a discriminatory effect; see also adverse effect discrimination

direct evidence evidence relating to an event that is given by a witness who directly observed the occurrence of the event; see also circumstantial evidence

direct examination questioning of a witness by the advocate of the party who called that witness; see examination-in-chief

direct intent done with conscious purpose

directed verdict the judge directs that the accused be acquitted because the Crown has not made a prima facie case

direction a document or order telling someone to do something

Director (corporate law) the director appointed under s. 260 of the CBCA or under s. 278 of the OBCA, as the case may be

directors individuals responsible for managing the business and affairs of a corporation for the benefit of the shareholders

disbursements amounts for out-of-pocket expenses (e.g., courier charges) paid out by the law office on its own account to third parties on behalf of a client

discharge of charge a document given by the chargee to the chargor confirming that the loan has been paid in full and extinguishing the chargee's interest in the property

discharge of lien document registered on title that discharges a construction lien

discharged released, extinguished; a discharge of a contract occurs when the parties have complied with their obligations or other events have occurred that release one or both parties from performing their obligations

disclosure the release of documents to the opposing side (and sometimes to the tribunal) prior to a proceeding; in criminal law, the documentation that the prosecutor will be relying on to prove the charges against the defendant

disclosure statement (condominium) document given to every purchaser of a condominium unit that includes details pertaining to the physical, legal, and financial aspects of the condominium corporation

discoverability rule a rule that allows plaintiffs in some cases to sue outside the limitation period where the plaintiff lacked the information necessary to alert him or her to the existence of a claim prior to the expiry of the limitation period

discovery a process where parties make their witnesses available to opposing parties for the purpose of answering questions under oath about the facts alleged in their pleadings

discretion the power and/or freedom of a government official or agency to independently choose or craft a remedy from among a variety of options available under the law

discretionary where an action or remedy is discretionary, the court may make up its own mind about a particular matter, giving due regard to all relevant factors

discrimination treating a person or group differently or negatively, based on a prohibited ground of discrimination under the Human Rights Code

dismissed a final decision by a justice that there is not enough evidence to support a conviction against the defendant

disposition clause instructions regarding how an estate is to be distributed among the beneficiaries

dispute an argument or disagreement between two or more sides in which the interest of one side is in direct opposition to the interest of another side

dissent a written statement of an adjudicator's disagreement with the decision of the majority of adjudicators on a court or tribunal panel, usually setting out the reasons why the adjudicator would have reached a different decision

distinguishable term used for a precedent from a higher court that a lower court decides not to follow, usually because the facts in the case differ

distress a traditional remedy under which a person in possession of the goods of another can seize and/or sell those goods as compensation for a wrong

Divisional Court a branch of the Superior Court of Justice of Ontario in which judges hear appeals and applications for judicial review, including appeals of final orders from the Landlord and Tenant Board, Small Claims Court, and other administrative tribunals

divorce a mensa et thoro an order of the ecclesiastical courts by which the parties to a valid marriage were relieved of their obligation to cohabit, but were still legally married

divorce a vinculo matrimonii an order of the ecclesiastical courts, following a declaration that a marriage was not valid, by which the parties were released from the bonds of marriage

docket a list of matters to be heard on a particular day in a particular courtroom; it will be posted outside the courtroom for the date those matters are scheduled to be heard

doctrine of constructive desertion a doctrine related to alimony under which it was deemed that the husband had deserted the wife if a wife left her husband because of his misconduct

doctrine of frustration of contract a legal doctrine that permits parties to a contract to be relieved of the contractual obligations because of the occurrence of some event beyond their control that makes it impossible for them to perform the contract

doctrine of laches a common-law doctrine that states that the neglect or failure to institute an action or lawsuit within a reasonable time period, together with prejudice suffered by the other party as a result of the delay, will result in the barring of the action

doctrine a rule, principle, body of law, or authority relied upon as an aid to interpreting or developing the law

document exchange a subscription service in which law firms have access to a central facility to deliver and pick up documents, used primarily during postal strikes

document general (real estate law) registration that serves as notice to the world that the estate trustee is entitled to transfer ownership of real property

document registration agreement agreement entered into by the lawyers for the parties dealing with the procedures for electronic registration and the escrow closing arrangement

documentary evidence any document, including writing, video, film, tapes, and photographs, presented in court for reference by the trier of fact

domain name an address for individuals and businesses on the World Wide Web

domestic contract a marriage contract, separation agreement, or cohabitation agreement

domicile permanent residence

dominant tenement land that benefits from an easement

donor one who makes a gift

dower entitlement of a widow to a one-third life interest in the total value of any land that her husband owned during their marriage

draw an adverse inference make a factual determination that is contrary to the interests of a party

driving record a record of convictions against a driver maintained by the Ministry of Transportation

dual intent intention to become first a temporary resident and then a permanent resident

dual unionism one union organizes several trades or crafts, rather than just one

due diligence the attention and care that a reasonable person would exercise with respect to his or her concerns; the obligation to make every reasonable effort to meet one's obligations

due diligence (commercial law) the comprehensive investigation into and review of the business, financial operations, and legal status of a corporation or business

due diligence defence a defence based on the assertion that a party discharged the onus on it to take all reasonable steps to avoid a particular undesirable result

due on sale clause provision in a charge permitting the chargee to accelerate full payment of the loan in the event that the chargor sells the property and the chargee does not approve the purchaser

durable solution a lasting solution to a refugee's temporary status: local integration in the country of asylum, voluntary return to the refugee's home country (repatriation), or resettlement in another country

duress an unlawful threat or coercion used by one person to induce another to perform some act against his or her will

duty of care 1. the legal obligation to exercise care in favour of a plaintiff and his or her interests; 2. a legal obligation imposed on an individual to take reasonable care to avoid causing harm to another who might reasonably be affected and who ought to be in the individual's contemplation

duty of reasonable accommodation where a requirement or qualification has a disproportionately negative effect on an individual because of a ground prohibited by human rights legislation, the duty of an employer to take all reasonable steps to the point of undue hardship to accommodate the special needs of that individual

duty to mitigate the obligation to take all reasonable steps to lessen the losses suffered as a result of a breach of contract

dying declaration a statement made by a person who is certain they are about to die

E

e-commerce commercial transactions using the Internet; sometimes used interchangeably with e-contracts

e-contracts contracts where the entire contracting process takes place on the Internet; sometimes used interchangeably with e-commerce

e-discovery a term used to describe discovery of documents where the discovery procedures primarily involve the collection and production of information that is stored electronically

e-reg electronic registration

earnout financing a type of vendor take-back financing whereby the purchaser of a business will pay the outstanding amount of the purchase price based on the profitability of the business following the sale

easement an interest in land that permits certain uses without interruption or interference by the person who has legal title to the land

easement implied by law creation of an easement when the only way to gain access to a property is by crossing over another property

ecclesiastical courts a system of church courts in England

educational credential any diploma, degree, or trade or apprenticeship credential issued on completion of a program of study or training at an educational or training institution recognized by the authorities responsible for registering, accrediting, supervising, and regulating such institutions in the country of issue

effect service carry out or perform valid service of a document

effective recommendations workers who do not make the final decisions to hire, fire, demote, or promote and employee but whose recommendations are virtually always followed by their superiors are said to make effective recommendations

ejusdem generis a rule of contract construction that requires that general words following specific words take their meaning from the specific words and are confined to the same category as the specific words

elective tax returns separate tax returns that cover the same taxation period as the terminal T1 return; allowed in certain specified situations

electronic agent a computer program or other electronic means that can act (or respond to acts or documents) without review or oversight by an individual at the time the act or response occurs

electronic hearing a hearing held through a teleconference or video conference

electronic meeting a meeting conducted by telephonic or other electronic means that allows all participants in the meeting to communicate fully

elements of the offence the items that have to be proven by the prosecutor to secure a conviction

eligible in an immigration context, the applicant is not inadmissible

emergency leave permission to be absent from work for 10 days per year in order to deal with the needs of family

employee a worker whose decisions do not affect the economic lives of other workers and whose relationship to the employer is such that he or she is integral to the operation of the organization and whose work is often directed by the employer

employment equity the elimination, via a range of measures, including affirmative action and other programs, of the underrepresentation of individuals in designated groups — such as women, Aboriginals, members of visible minority groups, and people with disabilities — in the workplace

enabling legislation a statute that sets out the powers of an agency; it is often, but not always, the statute that establishes the agency; some agencies are established by one statute but carry out functions under several statutes, each of which may give it powers for the purpose of the functions governed by that statute

enactment a law enacted by an elected legislative body — for example, a statute, regulation, or bylaw

encroachment building or structure intruding upon someone else's land

encumber to mortgage or place a lien or other security interest against property

encumbrancer the person holding a lien or security interest

encumbrances charges, claims, liens, mortgages, or other liabilities attached to a property

endorse to make a note of the decision

endorsement judge's handwritten order or judgment from which a successful party is expected to prepare a formal draft of the order or judgment

enforcement document a notice to a judgment debtor of any steps taken by a judgment creditor or ordered by a court to enforce a judgment; for example, a notice of garnishment of employment income

engagement letter confirms the terms of the paralegal–client retainer, but is not signed back by the client

equal pay for equal work the legal obligation to pay male and female employees who perform substantially the same kind of work in an establishment at the same rate, unless one of the legislated exceptions applies

equalization of net family property a process under the Family Law Act under which spouses share equally in the value of most property acquired during the marriage

equitable relief remedies other than money damages; for example, an order compelling a person to do something (specific performance) or to stop doing something (injunction)

equitable remedies remedies developed by the court of equity that are based on fairness instead of the strict application of common law

equity financing a means of raising funds by issuing shares in the capital of the corporation and selling them to investors

equity program program designed to "level the playing field" for disadvantaged groups — for example, an employment, educational, or pay equity program

escalator clauses clauses in collective agreements that give increases in wages during the life of an agreement based on increases in the cost of living due to inflation; also called cost of living clauses

escheat reversion or forfeiting of property to the Crown — for example, because the title holder has died without heirs

escrow closing exchange and holding of funds, keys, and documents by the lawyers pending registration of electronic documents or the satisfaction of another unfulfilled condition of closing

essential job duties the core duties and requirements of a job

essential services services that must be maintained during a strike or lockout; employees involved in delivering essential services will not have the right to strike

estate interest in land that provides the right to exclusive possession

estate accounting process of communicating to the residual beneficiaries of the estate how the amount representing their share of the estate was arrived at

estate administrator person appointed by a court to administer an estate where there is no will or where the appointment of an executor is ineffective

estate trustee during litigation a grant made under a court order appointing someone to act for the estate when there is a dispute about the validity of the will or about who should administer the estate; during litigation the estate trustee has control of estate assets but has no authority to make payouts until the court has dealt with the validity of the will or decided who should administer the estate, as the case may be

estate trustee with a will person chosen by testator or testatrix to oversee the administration of his or her estate

estate trustee the deceased's legal representative for estate administration purposes; the estate trustee may be named in the will or approved by the court

estopped stopped or prevented

estoppel term indicating that a witness is bound by his or her original position or evidence and cannot later take a contrary position

ethical sourcing the notion that TNCs should not buy products or raw materials produced by abusive labour practices, such as child or forced labour

even-hand principle principle according to which a trustee must not act in the best interests of one beneficiary to the prejudice of another beneficiary, even if that other beneficiary is unborn or unascertained

eviction removal of a tenant from a rented property, not by the tenant's choice

evidence information that a party seeks to use in a legal proceeding to prove or disprove a contention or allegation

ex facie contempt is contempt that occurs outside the courtroom

ex officio by virtue of office — a person holding an office who becomes a director because he or she holds that office

ex parte "on one side only"; refers to a statement or application made to an adjudicator or panel member by a party to a proceeding in the absence of other parties or panel members

ex parte motion a motion made without notice to other parties

ex parte trial a trial held without the defendant or the defendant's representative

ex turpi causa non oritur actio (Latin) "an action does not arise out of a shameful cause"; a true defence that eliminates the defendant's liability based on the action's illegality

examination for discovery a pretrial process where lawyers get to ask the opposite party (plaintiff or defendant) questions about the allegations in the statement of claim or statement of defence

examination-in-chief open-ended questioning of a witness by the party who called the witness; its object is to bring out information that will establish facts that the litigant must prove to win the case

excited utterance a statement made while the speaker's mind is still dominated by a startling event

excluded evidence evidence that cannot be considered by the trier of fact

exclusion order type of removal order that includes a one-year or two-year ban from re-entering Canada

exclusion/exemption clause a clause in a contract that limits the liability of one of the parties

exclusive jurisdiction the state of being the only legal body that can rule on a particular matter

exclusive jurisdiction (labour law) when one union is recognized as having a monopoly over the organization of a particular trade or industry

exclusive possession sole possession of real property with the right to deny possession to all others

exclusive possession (family law) the sole right to reside in the home to the exclusion of the other spouse

exclusive use common elements areas of the condominium development owned by all unit owners but for use only by designated unit owners

execution an act of the sheriff in enforcing a writ of seizure and sale (commonly referred to as a writ of execution), writ of delivery, or writ of sequestration; the word "execution" is also used to describe individual writs of execution on file; when a lawyer "searches executions" she is examining the sheriff's records to see if any writs of seizure and sale are filed with the sheriff

execution signing of a document; also a short name for a writ of execution or a writ of seizure and sale

execution creditor a creditor who has obtained a judgment and is in the process of executing or enforcing a judgment for debt

execution debtor a debtor who is the subject of enforcement proceedings at the hands of an execution creditor

execution of an order enforcement of a court order by seizing a debtor's income, or by seizing and selling her assets

executor person appointed by a will maker (testator) to administer the testator's estate under the provisions of the will after the testator's death; a female executor is sometimes called an executrix

executor's compensation compensation paid to the estate trustee for administering the estate

executory contract a contract between a buyer and seller in which full payment is not made at the time of the contract; a contract to buy on credit

exemplary damages damages over and above the plaintiff's actual loss, paid to compensate the plaintiff for hurt feelings or mental stress caused by the defendant's particularly outrageous behaviour

exemption order a court order that may be obtained by a vendor granting an exemption from the requirements of the Bulk Sales Act where it is demonstrated that the sale in bulk will not prejudice the creditors of the vendor

exhibit list list setting out the number and a brief description of each exhibit as it is entered into evidence

exhibit a document, object, or other form of physical evidence accepted by a tribunal and placed in the court file as evidence after being identified by a witness with personal knowledge of its contents

exigible a word used to describe assets that the sheriff may seize when executing a writ of seizure and sale; if an asset is exempt from seizure, it is referred to as a non-exigible asset

exigible assets assets that are available to be legally seized or garnished under a writ of seizure and sale; non-exigible assets are those that are exempt from seizure under the Execution Act or under the provisions of another statute

expectancy damages damages that are based on a loss of expected profits

expedited speeded up, accelerated

expert evidence opinions provided by an expert witness, which are required by an adjudicator who lacks the specialized knowledge, training, or experience to resolve an issue without such assistance; see also expert witness

expert opinion testimony given by a properly qualified person with specific expertise in an area that is in issue before the court; permitted in order to assist the trier of fact in coming to conclusions of fact in that area

expert witness a witness who is permitted, as a result of a competence acquired through study or experience in a specialized field, to give opinions on matters related to that field as evidence before a court or tribunal; see also expert evidence

express consent also known as explicit consent, written authorization from your client to disclose particular information to specified third parties

express grant creation of an easement by written document from the owner of the servient tenement to the owner of the dominant tenement

express repudiation/express breach the failure or refusal to perform the obligations of a contract when they become due

express trust a trust that arises as a result of an agreement, usually in writing, that is created in express terms

expressio unius est exclusio alterius (Latin) "to express one thing and exclude another"; rule of contract construction that requires that the use of one word implies the exclusion of another

expropriation reacquisition of land, with compensation, by the Crown for public purposes

extinguish bring to an end

extra-contractual outside of contract

extra-provincial limited liability company an unincorporated association, other than a partnership, formed under the laws of another jurisdiction that grants to each of the members limited liability with respect to the liabilities of the association

extra-provincial limited partnership in Ontario, a limited partnership organized under the laws of a jurisdiction other than Ontario

F

factum formal document filed with the court that sets out the facts, statutes, and case authorities that a party relies upon in support of its legal arguments

fair comment a defence against defamation available to individuals and organizations whose mandate is the dissemination of information to the public

fair information principles the ten principles that underlie the Personal Information Protection and Electronic Documents Act for proper collection, use, and disclosure of personal information

fairtraded refers to the prices paid to raw material producers being fair and equitable, to provide enough for a producer to live on without being reduced to penury; the term is used in the coffee industry, where fair-traded coffee beans are purchased by processors at a fair price that will keep the grower above mere subsistence, notwithstanding actual market prices, which might be very low

false imprisonment confinement within a fixed boundary of a person against that person's will

family arbitration an arbitration that deals with matters that could be dealt with in a marriage contract, separation agreement, cohabitation agreement, or paternity agreement, and is conducted exclusively in accordance with the law of Ontario or of another Canadian jurisdiction

family arbitration agreement an agreement to refer issues to a family arbitration

family arbitration award a decision that arises out of a family arbitration

fatal error a serious mistake on a charging document that will result in the charges being withdrawn, dismissed, or stayed

fault grounds grounds for termination based on conduct or behaviour of the tenant or a guest of the tenant

federal system of government a division of law-making powers between the national (federal) and provincial governments according to subject matter

fee simple the right to exclusive possession and the right to dispose of the land for an indefinite period of time

fees payment to lawyers for services rendered

female job class generally, a job class in which 60 percent or more of the positions are held by women

fettering discretion in relation to the actions of a statutory decision-maker, refusing to consider an option that is available under the law, or refusing to consider any factor that is relevant to the choice of an option, when making a decision that affects a person's rights or interests

fiduciary a person who is required to act with scrupulous good faith, honesty, and integrity for the benefit of another person, and to safeguard the other's interests ahead of his or her own

fiduciary employee an employee who holds a position of trust and could significantly affect the employer's interests, and who therefore has special obligations to the employer

fiduciary relationship a relationship of absolute trust and confidence between two persons, in which one person (the fiduciary) is required to act with scrupulous good faith, honesty and integrity for the benefit of another person (the beneficiary) — in the paralegal–client relationship, the paralegal is the fiduciary and the client is the beneficiary

final accounting accounting after which the estate trustee can wind up the estate

final item-by-item selection a form of interest arbitration in which the arbitrator accepts either the union of management's position in full on a particular bargaining issue

final order order that resolves all the outstanding issues between the parties

final reporting letter sent to the client at the conclusion of the client matter, along with the final invoice for fees and disbursements incurred since the last interim invoice — provides a summary of the client matter, steps taken, and results achieved

final-offer selection a process where an interest arbitrator selects either management's proposal or the union's proposal; the arbitrator is not allowed to split the difference

final-offer vote a process where management can legally require the union to take its last settlement proposal to the members of the bargaining unit for a vote

finding as to credibility where there is conflicting evidence from witnesses, a decision by the trier of fact (the judge in a non-jury trial) about whose evidence to believe, in all of the circumstances; factors to be considered are the witness's demeanour on the witness stand, knowledge of the circumstances, and relationship to the matters in question, including any issues of bias

finding of fact a determination that an allegation made by one party to an action is true, even though that allegation is denied by another party; the finding must be based on a reasonable assessment of the evidence in the action

first charge charge registered first and thus taking priority over subsequently registered charges

fixed board a board of directors of a corporation that has a set number of directors determined in the articles

fixed interest rate rate of interest that remains the same for the term of the charge

fixed-term tenancy tenancy that has a specified beginning and end date and can be for any period of time, from months to years

fixing costs making an order that a specific party pay a specific amount of costs

fixtures chattels that have become attached or affixed to the real property; immovable possessions attached to the real property

flight risk a person who is likely to fail to appear at an immigration proceeding in order to stay in Canada illegally

flip resale of property before the closing of the original purchase

floating board a board of directors of a corporation that has a minimum and maximum number of directors determined in the articles

force majeure a major event that the parties to a contract did not foresee or anticipate that prevents performance of the contract and thus terminates it; such an event — for example, a natural disaster or war — is outside the control of the parties and cannot be avoided with due diligence

foreclosure court action whereby the chargee obtains legal title to the property after default by the chargor

foreign national a person who is neither a Canadian citizen nor a permanent resident in Canada

forfeit lose the right

forfeiture losing a right because of failing to comply with one's obligations

formal accounting passing of accounts

formal contract a contract that is in writing and sealed by any party who is a promisor (which may be one or both parties); formal contracts are also called "deeds," and in English law are sometimes referred to as "covenants"

franchise an arrangement formed by a written agreement whereby one person — the franchisor — grants a right to another person — the franchisee — to use a trademark or trade name in connection with the supply of goods or services by the franchisee and requires the franchisee to conduct its business in accordance with operating methods and procedures developed and controlled by the franchisor

fraternization friendly social interaction; refers to social relations between tribunal members and actual or potential participants in a proceeding

fraud 1. intentional misrepresentation that causes another to suffer damages; also called deceit; 2. false or misleading allegations for the purpose of inducing another to part with something valuable or to give up some legal right; 3. a tort and/or crime based on deception for the purpose of profit

fraudulent concealment deliberate hiding, non-disclosure, or suppression of a fact or circumstance with intent to deceive or defraud in a contractual arrangement

fraudulent misrepresentation (1) a false statement that the maker knows is false, made to induce a party to enter into a contract; (2) intentional fraud that causes another to enter into a contract

freedom of contract the freedom of parties to decide contract terms of their own choosing

frequent claimant anyone who files 10 or more claims in a Small Claims Court office on or after January 1 in any calendar year

frivolous and vexatious objection an objection that has no legal merit and is made to annoy, harass, or embarrass the other side

frustration of contract where a contract becomes impossible to perform through the fault of neither party

full legal age and capacity to sue or be sued, an individual usually has to have reached the age of majority and be mentally capable of taking part in a lawsuit; a person who is capable of participating and who is over 18 years of age is referred to as being of full age and capacity

full-time equivalent in reference to part-time or accelerated studies, the period that would have been required to complete those studies on a full-time basis

full-time studies a program of study leading to an educational credential, consisting of at least 15 hours of instruction per week during the academic year

functus officio Latin term meaning "having discharged its duty"; having made its decision, the tribunal has exhausted its authority and cannot change the decision except where a statute expressly provides otherwise or in certain exceptional circumstances permitted by the courts

fundamental breach the failure to perform a primary obligation under a contract, which has the effect of depriving the other party of substantially the whole benefit of the contract

fundamental justice the basic tenets of the legal system; includes the right to procedural fairness in criminal proceedings and administrative decision making, as well as certain substantive principles of fairness

funds cash, currency, securities, negotiable instruments, or other financial instruments

G

garnishee any person who owes money to the debtor; if the debtor is employed, then the employer is the garnishee, because the employer owes the debtor employment income; if the debtor has a bank account, then the bank is the garnishee, because the bank owes the debtor the money held in the bank account

garnishment order order directed to a third party who owes money to a defendant as a means of enforcing a judgment

garnishor any creditor who is trying to enforce an order for payment of money by way of a garnishment

GATS professional a person who seeks to engage in an activity at a professional level in a designated profession, and meets the GATS criteria

gazetteer a directory in which the entries are arranged by geographical location — various geographical places in the province are listed with corresponding small claims courts to use listed across from the geographical entry

gender-neutral job evaluation system a system that evaluates the relative value of positions in an organization in a way that does not favour factors found in jobs typically performed by men

general account a bank account used to pay for ongoing business expenses, such as salaries, rent, client disbursements that have not been billed, etc.

general assignment of book debt a security interest in the borrower's accounts receivable

general damages damages for pain and suffering caused by the injury or harm, and for future losses and expenses, such as future care costs and loss of future income; general damages cannot be quantified precisely, but they must be itemized and explained to the extent that it is possible to do so

general heading heading on all court documents identifying the court, the parties, and the status of the parties

general partnership a partnership in which each partner is liable for the debts and other obligations of all partners to an unlimited degree

general power of attorney for property power of attorney for property that gives unrestricted powers over the grantor's assets to the attorney(s)

general security agreement an agreement between a borrower and a lender, giving the lender a broad security interest in the borrower's property; typically limited to personal property; generally used in large loans

genocide an act or omission committed with intent to destroy, in whole or in part, an identifiable group of persons

gift over alternate gift to another beneficiary in the event that the first beneficiary predeceases

globalization a trend toward an international, unrestricted market in goods and services in which control or intervention by national governments is restricted and limited

good faith honestly, for the stated purpose, not meaning to obtain an unfair advantage

Government-Assisted Refugee (GAR) program a program that applies only to the sponsorship of members of the Convention refugees abroad class, including special needs cases

governor in council the governor general acting with the advice and consent of Cabinet; formal executive authority is conferred by the statutes on the governor in council

grandfathered a situation or action is said to be grandfathered when it is allowed to continue even though a new rule or set of rules would prohibit it, or would impose new conditions on the person doing it

grant document that transfers ownership of land

gratuitous promise a promise made by someone who does not receive consideration for it

grid note an assignable, but non-negotiable, note that specifies the maximum amount of indebtedness or sets out a grid of repayment based on the amount of money advanced by the lender

grievor the person who starts a grievance

Group of Five (G5) a group of five or more people who join together to sponsor one or more refugees

guarantee a promise by a third party to pay the debt of another person if that person fails to pay the debt when it is due

guarantor a third party who gives a guarantee to the creditor of another person and who is thereby obliged to pay a creditor when the principal debtor defaults

guideline a percentage fixed each year by which a landlord can increase the rent without the board's approval

guilty with submissions pleading guilty, but providing additional information on why the penalty should be reduced or the time for payment should be extended

H

habendum clause clause in a deed (old form) that indicates that ownership is subject to reservations, limitations, provisos, and conditions expressed in the original Crown grant

harass a witness engage in conduct that is coercive or threatening toward a witness at any stage of a proceeding

harassment vexatious comments or conduct directed at a person because of his or her race, ancestry, or other prohibited ground of discrimination under a human rights code

health and safety representative a person who exercises rights and powers similar to those of the joint health and safety committee; required in workplaces with 6 to 19 employees

hearing a formal meeting at which a decision-maker hears evidence and argument in order to make a decision

hearsay evidence that repeats what the witness has heard others say

hearsay evidence evidence given by a witness that is based on information received from others rather than personal knowledge; generally considered inadmissible as evidence in court

hearsay rule a witness is not allowed to repeat in court what they were told by a third party, if the reason for putting the evidence in is to prove the truth of the contents of the third-party statement

held down when a matter has been put off for hearing at a later time

Henson trust trust created to protect a beneficiary of an estate who is receiving regular government assistance under the Ontario Disability Support Program

high ratio mortgage a mortgage for more than 75 percent of the value of the property

holdback sum of money required to be deducted by the payer and held for a specified period of time from the amount owing to a payee in a construction contract

holograph will handwritten will

home study an assessment of the prospective parents with respect to their suitability to adopt

horizontal short-form amalgamation an amalgamation of two or more wholly owned subsidiaries of a corporation, requiring approval by resolution of the directors of each corporation but not the approval of shareholders

horizontal unions unions that organize workers in a particular craft or trade; also called craft unions

hostile witness a witness who has been called by a party to give evidence but is uncooperative and responds with hostility to the questions posed by counsel during cross-examination

hot cargo clause a provision in a collective agreement stating that the employees have the right to refuse work if it involves goods or materials produced in a workplace that is subject to a strike

human rights the freedoms, immunities, and benefits generally recognized nationally as well as internationally as rights to which all individuals should be entitled in the society in which they live

hybrid or dual procedure offences offences for which the Crown prosecutor chooses to proceed either by summary conviction or by indictment

hyperlink text or image on a web page that, when clicked on, takes the user to a linked page

I

identity documents lawfully obtained documents designed to prove the identity of the person carrying them (for example, a passport or birth certificate)

immigrant a person who wishes to settle (or has settled) permanently in another country (as opposed to a refugee, who is forced to flee)

immigration the movement of non-native people into a country in order to settle there

Immigration and Refugee Board (IRB) an independent, quasi-judicial tribunal whose mission is "to make well-reasoned decisions on immigration and refugee matters — efficiently, fairly and in accordance with the law"

Immigration Loans Program (ILP) special federal fund available to indigent refugees and immigrants who qualify

immigration resettlement plan plan tabled by the CIC minister each year that includes the number and types of foreign nationals who can come to Canada as permanent residents

immigration visa officer a public servant working in a Canadian consulate or visa office abroad

impacted costs an expense to the employer that is not directly increased in bargaining but will increase because of other provisions negotiated in bargaining

impecunious insolvent

implied consent unwritten consent to disclose confidential information because it is required by the professional relationship (for example, disclosure to employees) or because the matter requires it (for example, disclosure in pleadings and other documents filed with the court)

implied powers doctrine the common-law rule that agencies have whatever additional powers are necessarily incidental to their explicit powers; a court will find these powers by necessary implication only where the jurisdiction sought is necessary to accomplish the objectives of the legislative scheme and is essential to the body fulfilling its mandate; see necessary implication

implied repudiation repudiation that is not express and must be implied or deduced from the circumstances

implied statement an action, behaviour, or course of conduct that conveys information to observers

implied terms where the parties to a contract did not address a particular issue, the courts may deem certain contractual provisions to be part of the agreement; for example, the obligation of an employer to provide reasonable notice of termination to an employee is an implied term unless the parties expressly agreed otherwise

improvement changes made to real property, including construction, alteration, repair, installation, erection, and demolition

in camera hearing see closed hearing

in escrow holding of funds or documents by a third party to be released only on certain specified conditions

in facie contempt is contempt that occurs in the courtroom, in the face of the court

inadmissibility hearing adversarial hearing to determine whether or not an applicant is inadmissible

inadmissibility report a report that sets out the grounds of inadmissibility alleged by the officer, with the related sections of the IRPA and the evidence in narrative form

incompetent not permitted to give evidence

independent contractor a self-employed worker engaged by a principal to perform specific work

independent variable a factor or phenomenon that causes changes to dependent variables

indictable offences serious offences such as murder, with longer periods of imprisonment and more complex prosecution procedures than those for summary conviction offences

individual rehabilitation a method of removing a ground of inadmissibility (criminality) that requires the applicant to apply to a visa officer, who will then consider whether certain criteria have been met

inducing breach of contract intentional incitement to terminate a contract prematurely

industrial unions unions that organize all the workers in an industry, whether skilled or unskilled; also called vertical unions

informal accounting accounting made by letter to the beneficiaries or their representatives that requires obtaining releases from them

information a sworn written statement made before a justice of the peace that can initiate criminal proceedings against a person

information kit a resource published by Corporations Canada that sets out the requirements, procedures, and precedents for incorporating in the federal jurisdiction

informed consent consent based on information that is sufficient to allow the decision-maker to assess the situation and make an informed decision

informed consent (health law) a legally capable patient's consent to a specific medical treatment, in which the patient is informed by the practitioner of the nature and purpose of the treatment, its risks and benefits, and the risks of not proceeding with it

infrequent claimant anyone who files fewer than 10 Small Claims Court claims in a Small Claims Court office on or after January 1 in any calendar year

inherent jurisdiction judicial powers that are essential for the administration of justice

inherent powers doctrine the common-law rule that an agency has an inherent power to utilize a procedure that is reasonably necessary to carry out its statutory functions even if that power is not explicitly set out in a statute

injunction 1. a court order that prohibits someone from doing some act or compels someone to do some act; 2. a court order intended to prevent future harm, enjoining a defendant to cease an activity or not do it at all

innocence at stake exception an exception to solicitor–client privilege when the otherwise protected communication is necessary to establish the client's innocence

innocent misrepresentation a false statement made to induce a party to enter into a contract that the maker of the statement does not know is false

inquiry questioning by the offeree as to whether the offeror will consider other terms or is willing to modify the terms of the offer; an inquiry does not constitute a counteroffer and is not a rejection of the original offer

inquisitorial system a system of resolving disputes through holding a hearing in which the judge or adjudicator plays an active role in investigating, collecting facts, putting forward evidence, and questioning witnesses

insolvent being unable to pay one's liabilities as they become due, or having assets whose realizable value is less than the aggregate of one's liabilities

installment (or partial) payments a partial payment of a sum of money owing at regular intervals over a period of time until the amount owing is paid in full

installment note similar to a promissory note but non-transferable; often used in vendor take-back financing

institutional bias bias or the appearance of bias on the part of a group of decision-makers in an agency, or of the agency as a whole, arising from aspects of the agency's structure or functions that suggest a lack of independence from a government official or body affected by a decision of the agency

institutional delay the amount of time it takes for a matter to get to trial, minus any delay that was caused by the defendant

institutional lender a lender other than an individual, including a bank, trust company, credit union, or insurance company

insurance binder documented confirmation that a property has been insured

intangible property personal property where the interest in it or its value rests in rights it confers rather than in its physical properties

intellectual property legal rights that result from intellectual activity in the industrial, scientific, literary, and artistic fields

intent the mental state (conscious action, malice, carelessness, etc.) at the time of the act of the person who committed the act

intentional infliction of mental suffering an act or (false or misleading) statement that is calculated to cause mental anguish, results in a disturbance in the plaintiff's health, and is capable of being diagnosed or confirmed by a physician

intentional tort a tort that, once proved, is presumed to have been deliberately committed

inter vivos trust trust that is activated while the person setting up the trust is still alive

interdiction control activity that prevents illegal travellers and criminals from reaching Canada

interest amount added to the principal amount of the loan in return for the right to obtain and use the money advanced

interest adjustment date date on which an adjustment is made for interest that accumulates between the date the loan was advanced and the charge payment date for the following month; assuming that charge payments are being made monthly, this date will be one month before the date of the first regular payment

interest arbitration a process where a third party imposes an agreement on the parties

interest rate rate charged for the use of borrowed money, calculated as a percentage of the amount of the loan

interests (property law) rights to land that are not estates and do not confer a right to exclusive possession of the land

interim accounting accounting made during the course of estate administration that allows the estate trustee to pay the beneficiaries and concentrate on the remaining unadministered part of the estate

Interim Federal Health Program (IFHP) essential and emergency health care coverage for refugees in need of assistance before provincial health care is available

interim invoice a bill delivered to the client before the client matter is concluded — usually sent with with an interim reporting letter

interim occupancy date date on which the purchaser takes possession prior to final closing and transfer of title

interim period period of time, beginning on the date of execution of a share or asset purchase and sale agreement and expiring on the date of closing, during which a business continues to operate at the vendor's risk until the conditions of closing are fully satisfied and the transfer can occur

interim reporting letter a letter sent to the client before the client matter is concluded, usually with an interim invoice — reports the steps taken in the client matter to that point, the results obtained, and the likely next steps

interjurisdictional immunity the provincial government cannot make rules that affect vital parts of a federally regulated operation; in other words, workplaces that are regulated by the federal government are immune to provincial labour and employment laws

interlocutory order order that decides some of the matters at issue

interlocutory/interim injunction a temporary injunction granted by a court before the final determination of a lawsuit for the purpose of preventing irreparable injury

internal responsibility system an approach to health and safety that is based on the belief that healthy and safe workplaces require the participation of all the workplace parties

International Organization for Migration (IOM) an intergovernmental organization that works with partners in the international community to assist in meeting the operational challenges of migration, advance understanding of migration issues, encourage social and economic development through migration, and uphold the human dignity and well-being of migrants

interrogatory a form of disclosure in which one party submits written questions to another party, which that party is required to answer in writing

intervenor a person who, because he or she may be adversely affected by the outcome or can provide assistance to the tribunal in deciding the dispute, is granted the right to participate in a proceeding, but without the full range of rights granted to a party

intervenor status the right of a person to participate in a proceeding without the full range of rights usually granted to a party; a tribunal's power to grant individuals such status may be authorized by statute or provided for in a tribunal's procedural rules

intestate, intestacy when a person dies without having made a will, he is said to have died intestate; dying without a will is said to create an intestacy — that is, a situation where the estate will have to be administered without a will

intra-company transfer a category of work permit designed to assist multinational businesses to move executives temporarily to Canada, when required for business

intra-company transferee a US or Mexican citizen who is admitted to Canada under NAFTA for the purpose of assisting in the operations of a foreign company's Canadian parent, subsidiary, branch, or affiliate company

investment account account that sets out the principal amount that was paid out by the estate trustee to invest funds for the estate and the principal amount that was received back from the investment

invitation to treat an invitation intended to do nothing more than open up negotiations; usually does not contain essential terms, such as a fixed amount of money to be paid, terms of payment, etc.

issued and entered a judgment or order is issued when it is signed by a judge or registrar and the court's seal is affixed to it; it is then entered — that is, recorded — by the registrar, using a system for referencing and recording an issued judgment; an entered judgment or order will usually have a stamp on it, indicating the microfilm or disk it was recorded on, or will be otherwise referenced so that it can be found in court files

issued capital number of shares issued and outstanding in the capital of the corporation

issues matters that are in dispute in a hearing; the questions that a court or tribunal must answer in order to make a decision; may be questions of fact, questions of what law applies, or of how to apply or interpret the law in the circumstances of the case, or questions of what is the correct policy to apply, or of how to interpret or apply the policy

issuing official commencement of court proceedings whereby documents that are originating processes are signed by the registrar, dated, sealed with a court seal, and given a file number

J-K

joint and several liability form of liability where each party who contributed to a harm (for example, each partner in a partnership or each defendant in an action) is individually liable for any amount up to the full amount of any judgment obtained against the parties

Joint Assistance Sponsorship (JAS) program a refugee sponsorship program that involves both CIC and a private sponsor

joint custody when both parents share care of and decision-making power over the child

joint health and safety committee an advisory health and safety body that is composed of equal numbers of management and worker representatives; generally required in workplaces with 20 or more workers

joint partner trust essentially, alter ego trusts for spouses

joint stock company a company created by statute whose members traded on the capital of all other members

joint tenancy property is owned by two or more people and, on the death of one owner, the property passes to the other(s) automatically and not to the estate of the owner who died

joint venture a commercial business activity carried on by two or more parties for a common purpose in compliance with established terms and conditions

joint will rare form of will that is signed by two persons with respect to the disposal of their property after death

judges' privilege privilege that protects judges and administrative tribunal members against disclosing information behind their decisions

judgment creditor a creditor who has obtained a judgment for debt against a debtor

judgment debtor a debtor against whom a judgment has been obtained

judgment in personam judgment that is binding only on the parties to the proceeding

judgment in rem judgment that is binding on everyone, whether a party to the proceeding in which the judgment is pronounced or not

judgment proof term used to describe a debtor against whom a judgment may be obtained, where the judgment will be unenforceable because the debtor has no assets to pay the judgment or the debtor has hidden or encumbered assets so that they cannot be easily seized

judicial discretion a judge's freedom to apply rules or decide issues in the context of a case

judicial interventionism an approach to the interpretation of law that draws on social, economic, and political values in interpreting the meaning and application of legal rules and principles

judicial notice a rule of evidence that allows a decision-maker to accept certain commonly known, indisputable, and uncontentious facts without requiring that they be proven with evidence

judicial review the process whereby a party asks a superior court or other court granted authority by statute of its supervisory authority over ministries and other government agencies to reconsider a decision of an administrative tribunal to ensure that, for example, it observed the rules of natural justice

judicial sale sale of charged property ordered and administered by a court

jurat attestation paragraph

jurat part of an affidavit that appears at the bottom on the left side of the page and begins with the words "Sworn (or affirmed) before me"

jurisdiction shopping the practice of choosing a jurisdiction in which to start a proceeding based on a party's view of his or her chances of success in that jurisdiction rather than on the jurisdiction's connection with the subject matter of the proceeding

jurisdiction a court's area of legal authority; in Ontario, jurisdiction is established by the Courts of Justice Act and by the common law

jurisdiction the limits on what the board can decide and how it must go about making its decisions

jurisdiction the scope of the authority or powers conferred on a government body or official by legislation or by common law

jury a group of 12 (in criminal cases) or 6 (in civil cases) citizens over the age of majority who are convened to hear evidence, make findings of fact, and deliver a verdict in a trial

jus sanguinis citizenship based on blood ties

jus soli citizenship based on the land of birth

just cause very serious employee misconduct or incompetence that warrants dismissal without notice

justice of the peace a magistrate who presides over proceedings in provincial offences court

justice a justice is the same thing as a judge; "justice," "judge," and "court" are often used interchangeably in reported decisions

justiciable falling into the category of subjects that are appropriate for examination by a court of justice

L

labour market opinion (LMO) an HRSDC document obtained by a Canadian employer in order to employ a foreign worker; also known as an HRSDC confirmation

labour market re-entry plan (LMRP) a written agreement that sets out a plan for providing an injured worker with the necessary skills to mitigate the loss of earnings resulting from a workplace injury

labour relations officer an employee of the labour relations board who has duties including investigating and mediating disputes between unions and management

Land Titles Absolute (LT Absolute) properties originally in the Land Titles system prior to POLARIS; corporate existence and Planning Act compliance are not guaranteed

Land Titles Assurance Fund fund established under the Land Titles Act to compensate a person wrongfully deprived of an estate or interest in land as a result of an error regarding title

Land Titles Conversion Qualified (LTCQ) properties originally in the Registry system and converted to the Land Titles system as a result of POLARIS; Planning Act compliance and corporate existence are guaranteed for the period prior to the date of conversion; properties remain subject to any pre-existing mature claims for adverse possession, prescription, or misdescription

Land Titles Plus (LT Plus) properties upgraded from LTCQ with the additional guarantee against any mature claims for adverse possession

Land Titles system land registration system in Ontario governed by the Land Titles Act

land transfer tax provincial (and possibly municipal) tax on the purchase of land

language in an immigration context, the ability to speak, read, write, and listen in either French or English

lapse the termination or failure of an offer through the neglect to accept it within some time limit or through failure of some contingency; or the situation that occurs when a beneficiary specified in a will is not alive at the time of the testator's death

latent defect defect of which the vendor of a property was aware but which the purchaser did not know about and could not have discovered upon reasonable inspection of the property

law a rule made by a body of elected representatives or their delegates or by a court, using procedures that are also prescribed by law

law journal a periodic publication containing scholarly articles about legal issues, often discussing the significance of laws and decisions of courts and tribunals

law of equity type of law developed several hundred years ago in England wherein judges, rather than following precedents, look at the issues in a case and apply certain principles to ensure a fair outcome

law of evidence way in which the facts are to be proved, as required by substantive law

law report see law reporter

law reporter a periodic publication containing either the full text or a summary of decisions of courts and tribunals as they are released; also called a "law report" or "reporter"

Law Society of Upper Canada (LSUC) professional body governing the activities of lawyers in Ontario

lawful rent the rent that a landlord is permitted to charge a tenant

lawyer a person who has been called to the bar of Ontario (or another jurisdiction that regulates lawyers) and who is licensed to practise law in that jurisdiction

lawyer of record lawyer recognized by the court as the legal representative of a party in a proceeding

Lawyers' Professional Indemnity Company (LAWPRO) insurance company whose sole shareholder is the Law Society of Upper Canada that insures lawyers against errors and omissions and administers TitlePLUS, a title insurance program

layperson's opinion opinion given by an ordinary witness on a matter of ordinary experience; permitted where the opinion does not unnecessarily encroach on the trier of fact's role

lead hands employees who direct the work of other employees but who are not managers because they do not hire, fire, or do other managerial functions

leading a witness asking a witness a question that suggests the answer

leading question a question put to a witness that contains the unproven facts or conclusions that the questioner wants the witness to confirm, and with which the witness is merely required to agree or disagree; generally, a question that can be answered simply "yes" or "no"; also called a "closed question"; the general rule is that leading questions may be used only in cross-examination of a witness; see also open question

leasehold estate right to exclusive possession of property for a specified period of time in return for the payment of rent

leave of the court permission of the court, usually obtained on motion by a party, to take a procedural step

legacy gift under a will of personal property or money

legal capacity to marry legal ability to enter into the contract of marriage

legal codes formal (usually written) collections of legal provisions

legal description description of land that is used in documents creating an interest in land; describes the land with reference to recorded maps, surveys, or plans

legal fees fees charged by a lawyer or paralegal for legal representation and advice

legal formalities of marriage the form a marriage ceremony must take

legal non-conforming right the right of an owner to continue a pre-existing use of a property after a zoning bylaw comes into force that prohibits the use

legal non-conforming use status of a building or use of a property that does not conform to the current municipal bylaw but is acceptable because the building or use existed before the passing of the bylaw and has not subsequently been altered or discontinued

legal tender notes (bills) issued by the Bank of Canada and coins issued by the Royal Canadian Mint, subject to certain restrictions

legend conspicuous notice on a share certificate to ensure that the transferee is bound by the terms of the document, notice of which is being given

legislate pass statutes and bylaws, and make regulations

legislation the creation of law; the statutes, regulations, and bylaws passed by bodies of elected representatives or their delegates

Legislative Assembly the body of elected representatives constituting the legislative branch of a provincial government; in Quebec, known as the "National Assembly"; also called the "legislature" or "provincial parliament"

legislative evolution the amendments made to an enactment over time after it has been passed

legislative history the background and events leading to the enactment of a law, including matters such as study papers, statements by ministers, debates in the Legislative Assembly, and changes to an enactment made between its introduction and its final passage

legislature in Canada, the body of elected representatives constituting the legislative branch of the federal or a provincial government; see also Legislative Assembly, Parliament

legitimate expectations the principle that public officials who create the expectation of a certain result, or an expectation that a certain practice or procedure will be followed, should not be able to change that result, practice, or procedure where the change will have an adverse effect without first notifying those who will be affected and giving them an opportunity to comment on the proposed change

letter of acceptance (immigration law) document that indicates that a foreign student has been accepted into a Canadian educational institution

letter of direction for transfer and sale of shares standard direction that serves to confirm to the transfer agent that the estate trustee agrees to the sale of the shares

letter of intent non-binding letter or memorandum that sets out in writing the essential elements of a proposed transaction; also known as a memorandum of understanding or term sheet

letter of no-involvement (adoptions) a letter that may be accepted instead of a home study where a private adoption takes place outside Canada and in a state that is not a signatory to the Hague Convention

letter of no-objection (adoptions) a written statement from the province or territory where the child will live, stating that the province or territory does not object to the adoption (IRP Regulations, ss. 117(1)(g)(iii)(B) and 117(3)(e))

letter of satisfaction (commercial law) a document issued by the federal Director, good for only 90 days, that authorizes a corporation to continue and that is submitted to the authorities in the importing jurisdiction

letter (or notice) of agreement (adoptions) a letter or notice of agreement required in Hague Convention adoption cases, indicating that the province and adoptive parents agree to the adoption (IRP Regulations, ss. 117(1)(g)(ii) and 117(3)(f) and (g)). It is sent by the receiving provincial or territorial authorities to the visa office, with a copy to the central authority of the adopted child's country of residence

letters patent a document issued by the Crown through its representative to create a commercial entity

libel making a defamatory statement by publishing or broadcasting it

liberal construction means that, when applying a rule or provision, the court goes beyond the exact meaning of the language in order to implement the principles behind the rule

liberally construed interpreting a provision or rule without undue emphasis on strict compliance with all procedural requirements and technicalities, with a view to bringing about a resolution that is just and fair to all parties within a reasonable time

licence (commercial law) a contractual arrangement whereby the owner of certain property such as a trademark, copyright, or patent (the licensor) grants to another person (the licensee) the right to use such property for a royalty fee

licence (property law) a grant of a right; in real property law, a grant of a right to some use of land that does not amount to a grant of an interest in the land

lien charge for payment of a debt that allows the land to be sold to satisfy the debt

life estate a transfer of interest in land for a term of years measured by the life of the transferee or by the life of another person; when the person dies, the life estate ends, and the property goes back to the transferor or other persons designated to receive the interest in land

limitation period a period defined by statute within which a plaintiff must commence his or her claim; or in criminal law, the time allowed after the alleged commission of an offence within which to lay a charge

limited liability corporation (LLC) an alternative to a traditional corporation, general partnership, and limited partnership; like a general partnership, an LLC has the advantage of flowthrough taxation — that is, the LLC's profits and losses flow through to the LLC members — and flexibility in management and other matters; like a corporation, an LLC has limited liability for its investing members or shareholders

limited liability partnership a partnership in which each partner is jointly and severally liable for all the debts and obligations of the partnership except for liabilities arising from professional negligence, which remain those of the partner whose acts or omissions or whose subordinates' acts or omissions resulted in the professional liability

limited partnership a partnership in which there are one or more general partners who are liable for the debts and other obligations of the other partners to an unlimited degree and one or more limited partners whose liability is limited to the amount that such limited partner has contributed to the partnership business

liquidated amount a specific sum of money that can be easily and objectively calculated; if a debtor borrows $1,000 for a one-year period at 10 percent interest per year, the amount owing — $1,100 — would be a liquidated amount because it is precise and specific and the total is easily calculated using an objective standard or formula

liquidated claim claim for a debt or fixed amount of money that does not require valuation by a court

liquidated damages damages that are easily determined from a fixed or measurable standard or can be assessed by calculating the amount owing from a mathematical formula or from circumstances where no subjective assessment has to be made

liquidated damages clause a term in a contract that attempts to reasonably estimate the damages that will be suffered if the contract is breached

liquidator a person appointed by the court to supervise and carry out the liquidation and dissolution of a corporation, including paying or making adequate provision for claims against the corporation and distributing any remaining property to the shareholders

litigant a party to a civil action; someone engaged in civil litigation

litigation legal action

litigation guardian a competent adult individual who conducts a lawsuit and instructs counsel on behalf of a party who is under a disability or who is not of full age and capacity

litigation privilege privilege that protects communications between a client's lawyer or law firm and third parties

lockout an employer's refusal to let unionized employees into the workplace following the expiry of a collective agreement or a failure to reach a first collective agreement, typically while the employer and union are attempting to negotiate a new collective agreement

locus standi see party status

long-form amalgamation an amalgamation of two or more corporations, requiring an amalgamation agreement to be approved by special resolution of the shareholders

long-term disability a plan to pay employees who have a chronic or long-term illness

lost opportunity damages damages that are based on a longer-term loss of business

lot 200-acre parcel of land created during the original division of land into concessions; also, a parcel of land created by a plan of subdivision

low income cut-off (LICO) minimum income requirement for sponsors of permanent residents

Low Skill Pilot Project (LSP) an HRSDC program designed to meet the labour market demand for temporary foreign workers in low-skill jobs

lump sum payment payment of the entire amount owing in a single payment, as opposed to payment in installments

M

macquiladoras factories set up in a free trade area, close to the US border in Mexico; at these locations, non-Mexican companies set up assembly and finishing plants, moving raw materials and inventory freely across the border, while using low-wage Mexican labour

main action primary case brought by the plaintiff against the defendant

majority decision a decision reached by a majority of the judges hearing a case where a minority of the judges disagree, in whole or in part, with that decision

male job class generally, a job class in which 70 percent or more of the positions are held by men

malicious prosecution initiation of a criminal proceeding with malicious intent for no reasonable or probable cause

manager a worker whose decisions affect the economic livelihoods of other workers by actions such as hiring or firing other workers

mandamus Latin term referring to an order of a court to a governmental official, department, or agency compelling the performance of a public duty

mandatory required; where an action is mandatory, the court must do something if certain preconditions exist; the court has no choice

mandatory dues check-off see Rand Formula

mandatory injunction an injunction that commands a person to do a certain thing

mandatory mediation process in which disputants are required to allow a neutral third party to facilitate their communication and assist them in negotiating a settlement

mandatory memorandum binding memorandum that is made before the will is executed and is referred to in the will

Mareva injunction permits a creditor to obtain an injunction to secure the debtor's assets in a case where it is likely that the debtor will dispose of or remove all assets from the jurisdiction, before judgment, leaving no assets to satisfy the judgment debt

market rent the rent that a landlord can expect to receive for a particular rental unit or type and size of rental units

marking the procedure by which documents and other forms of physical evidence are entered into the hearing record as evidence; involves assigning an exhibit number and usually stamping or otherwise marking on the item the name or file number of the case

marriage contract an agreement between parties who are married or who intend to marry, in which they agree on their respective rights and obligations under the marriage or on separation, annulment, divorce, or death

mass pickets Bringing in large numbers of picketers to make crossing the picket lines and going to work more difficult

master a judicial officer of the Superior Court who decides procedural issues on pretrial matters and performs some other judicial functions

master business licence (MBL) a licence issued by the Ministry of Government Services upon registration of a sole proprietorship, partnership, limited partnership, or business name that can be used as proof of business name registration at financial institutions and to facilitate any other business-related registration with the Ontario government

material alteration a change in a contract that changes its legal meaning and effect; a change that goes to the heart or purpose of the contract

material change a change that would have an impact on a decision or situation

material evidence evidence that has a logical connection to an issue or issues in dispute in the action; evidence that will assist the trier of fact to make a determination about whose allegations to believe

material fact a fact that relates to any matter in dispute between parties

material inducement a statement made before a contract is struck that influences a party to enter into the contract

material representation a statement of fact, not opinion, made by one party, of sufficient weight to induce the other party to enter into a contract

matrimonial home defined under the Family Law Act to include every property in which a person has an interest and that is (if the parties are still married) or was (if the parties have separated) at the time of separation occupied by the spouses as their family residence

maturity date date on which any outstanding balance of a charge is to be paid

medallion signature guarantee guarantee of the signatures of estate trustees by a bank or trust company

mediation process whereby a neutral third party facilitates communication between disputants and assists them in negotiating a solution

medical surveillance a designation by the designated medical officer that provides for monitoring of an applicant's medical condition

member the title given to a decision-maker in the Refugee Protection Division, Immigration Division, or Immigration Appeal Division of the Immigration and Refugee Board

members the persons who elect directors of an NPO (like shareholders of a share capital corporation); members do not "own" an NPO, but they may, if authorized in the letters patent or bylaws of a non-charitable NPO, be entitled to receive the remaining assets of an NPO on windup or dissolution

memorandum (wills) document added to the will that lists beneficiaries of specific items

memorandum of association a document filed with an appropriate government department to bring a company into existence

memorandum of settlement/tentative agreement/memorandum of understanding the agreement between the parties that is the result of negotiations or that is imposed by arbitration

mens rea (Latin) "guilty mind"; the blameworthy mental element in a criminal offence

mens rea offence an offence for which the prosecution must prove that the defendant committed the illegal act and had a guilty mind (i.e., the knowledge, intent, or willingness to commit the act)

merger (contract law) the discharge of one contract by its replacement with, or absorption into, an identical contract

merits of the case the legal principles upon which a party's assertion of rights is based

metadata computer technology term that describes information about an electronic document indicating who prepared it, when it was prepared, who it was sent to, etc.

metes and bounds description written description of the boundaries and dimensions of a parcel of land in relation to lot lines; enables a sketch of the parcel to provide a picture of the area of land

mezzanine financing a multilayered financing arrangement in which a borrower obtains funds from more than one lender, resulting in senior and subordinated debt and priority ranking of the lenders' respective interests in the collateral

ministry see department

minor at common law, an individual under the age of 21; minority status has also been defined by statute law, lowering the age of majority to 18 or 19 in most provinces

minute book a book in which the corporate records of a corporation are maintained

misrepresentation (contract law) a false statement that induces someone to enter into a contract

misrepresentation (immigration law) a ground of inadmissibility under the IRPA that involves misstating facts or withholding information

mitigate to take steps to minimize or reduce the damages one will suffer as a result of another's breach of contract

mitigating factor (tort law) a defence available to a defendant who was provoked into committing an alleged tort in which the court still finds the defendant liable, but may reduce the damages to reflect the plaintiff's share of fault

mitigating factor (criminal law) information about a defendant that is presented to a justice after conviction and may lead to a lesser penalty

mitigation of damages the rule that persons claiming damages must take action to minimize the harm they suffer

mixed trust account a trust bank account into which money from many different clients will be deposited and held in trust, until such time as invoices are rendered on their files or you are directed to pay out the money by the client to whom the money belongs

monetary jurisdiction the amount of money that the court may order one party to pay another, not including interest and costs

monetary retainer a sum of money paid up front for legal services to be provided in the future; a deposit to secure legal services and to fund disbursements

monthly tenancy a periodic tenancy that renews automatically at the end of each month until terminated by the landlord or the tenant

moral prejudice prejudice that results from the admission of evidence of bad character showing the accused to be a morally bad person and leading the trier of fact to conclude that he is guilty

mortgage commitment the mortgagor's agreement with the mortgagee when the mortgage is arranged

mortgagee lender who holds a mortgage

mortgagor borrower; the property owner/purchaser who receives mortgage funding

mortmain licence licence to own land in Ontario that a corporation was required to obtain if it was incorporated in a jurisdiction other than Ontario, Quebec, or Canada

motion an application to a court or a judge for the purpose of obtaining an order directing that some kind of relief be granted to the party making the motion

motion for directions motion to the court for guidance on how to proceed with a determination of the matters in issue

motion for summary judgment a motion for a final order without a trial

motioning the other party to death using motions to delay the action, add to the costs of other parties, or otherwise abuse the process of the court

moving party a party who brings a motion; see also responding party

multiple citizenships a situation where a person who becomes a citizen of Canada can retain any previous citizenships

multiple or split wills two or more wills that are intended to govern an estate concurrently

multiple-entry visa a document that allows a foreign national to enter Canada from another country multiple times during the validity of the visa

municipality form of urban organization including cities, towns, and villages

mutual mistake both parties to a contract are mistaken but each makes a different mistake

N

named cases sponsor-referred refugee cases

narrow questions questions in which the interviewer tries to elicit specific information

nationality refers to a person's citizenship, and also a person's ethnic or linguistic group, and so may sometimes overlap with race

natural environment air, land, and water, or any combination or part thereof

natural justice a fundamental legal principle expressed through rules that provide due process to individuals involved in legal actions, including the duty of courts and tribunals to act in good faith and without bias, and the rights of affected parties to have adequate notice of proceedings, to be heard, and to answer the case of an opponent

naturalization the process by which a foreign national, after being admitted to Canada as a permanent resident, applies for and obtains Canadian citizenship

near cause the principle, now rejected by the courts, that misconduct that falls short of establishing just cause may be used to reduce the amount of reasonable notice owing

necessary implication an implication so probable that it would be unreasonable to draw any other inference from the facts; see implied powers doctrine

negative covenant a promise in a contract to refrain from doing a certain thing

negligence 1. an act committed without intention to cause harm, but which a reasonable person would anticipate might cause harm; 2. a tort based on careless conduct or conduct that creates a reasonably foreseeable risk of harm

negligent failing to take proper care

negligent hiring failing to take reasonable care in the hiring process that results in foreseeable injury to a third party

negligent misrepresentation a careless representation made by a defendant while having no reasonable basis to believe it to be true that results in foreseeable injury to another

negotiable instrument an unconditional order or promise to pay an amount of money, which can be transferred — for example, cheques or banknotes (paper money)

nepotism policies employer policies that allow an employer to discriminate in favour of, or against, specified close relatives of employees

net wages wages subject to garnishment under the Wages Act; the amount of a person's wages left after all lawful deductions (Wages Act, s. 7(1))

new charge arrangement by the purchaser for a new loan by way of charge for the purchase of property

no-board report a decision by the minister of labour not to appoint a conciliation board to investigate a labour dispute; a no-board report starts the clock running for a legal strike

no-fault grounds grounds for termination unrelated to the conduct or behaviour of the tenant or a guest of the tenant

nominal damages a low amount of token damages awarded to acknowledge the wrong done to the plaintiff

non est factum (Latin) "I did not make this"; a defence used by one who appears to be a party to a contract but who did not intend to enter into this type of contract; in effect, the party is denying that he or she consented to this contract

non-blended payment charge payment that does not blend or combine principal and interest into equal payments; the amount of principal repaid each month is a fixed amount and the amount of interest is calculated on the outstanding principal at the time

non-compensatory claim a claim for spousal support based on need

non-derogable right a person's core human rights, which must be respected and cannot be taken away or suspended for any reason (for example, the right to life, and freedom from torture)

non-engagement letter a letter confirming that the paralegal has declined to accept the retainer, or that the client has declined to retain the paralegal

non-exigible assets assets that cannot be seized or garnished

non-fatal error a mistake on a charging document that is not serious and will likely be amended in court

non-offering corporation a corporation that does not offer its shares for sale to the public

non-pecuniary non-monetary

non-political crimes an act committed for personal gain with no political end or motive involved

non-profit housing co-operative non-profit housing community where the residents are members of a co-op corporation, which typically owns the whole property, and are actively involved in the running of the community

non-sheltering letter a letter given by a prior creditor to a subsequent creditor confirming that the prior creditor only has an interest in a specific asset or assets of the borrower and that it will not shelter any other assets of the borrower under the registration of that interest

non-state agent persecutors of the refugee claimant who are not members of the state — for example, rebels or warlords

non-suit the judge directs the dismissal of the case because the plaintiff has failed to meet a prima facie case

non-testimonial evidence evidence that is not in the form of words from a witness; typically an object

non-unionized employee an employee whose terms and conditions of employment are based on an individual employment contract rather than a collective agreement negotiated between an employer and a union

Not-for-Profit Policy Summary the summary published from time to time by Corporations Canada that outlines the requirements for incorporation under the Canada Corporations Act; it describes the process of application for incorporation and the framework for bylaws of a federal NPO, and addresses requests for ministerial approval to amend the bylaws of existing corporations

notice a document that informs a person of a legal proceeding or a step in a legal proceeding that may affect the person's interests or in which the person may have a right to participate

notice of action document informing defendants that they have been sued

notice of arrival notice of a refugee's arrival into Canada that is sent to the sponsor

notice of decision a written decision by the decision-maker, issued to those involved in the case, such as by the RPD to the refugee claimant and the minister

notice of entry notice that the landlord intends to enter the rental unit

notice of hearing tribunal document served on a respondent along with an application

notice of intention (insolvency law) noticed required to be filed with the Bank of Canada in order for a bank to take a s. 427 security interest in the borrower's property

notice of intention to appear form to be filed by the defendant with the provincial offences office notifying of the defendant's intention to dispute the charge

notice of motion a document that states what remedy is sought and the reasons for it

notice of objection form that is filed setting out the basis of an objection to the issuing of the certificate of appointment of estate trustee with a will and the objector's interest in the estate

notice of sale document used in a power of sale setting out the particulars of the default and the amounts owing under the charge

notice period the minimum period of time for serving documents on other parties before a procedural step takes place

notorious fact a fact that is so generally known and accepted that it may not reasonably be disputed

notwithstanding clause a clause in the Canadian Charter of Rights and Freedoms that may be invoked by Parliament or provincial legislatures to override Charter protections

novation the creation of a new contract by the parties to an existing contract agreeing to substitute a new party in the existing contract, thus terminating the existing contract

NUANS system a computerized search system that compares a proposed corporate name or trademark with databases of existing names or trademarks

null and void of no force, validity, or effect

nullity nothing; something that has no legal force or effect

numbered company a corporation that uses its registration number as its corporate name — for example, 123456 Ontario Limited

O

Oakes test test used by the courts to determine whether a Charter right or freedom can be limited by s. 1; the measure limiting the right or freedom must be sufficiently important and the means chosen must be reasonable and demonstrably justified

oath promise made on the Bible or other holy book to tell the truth in court

oath helping testimony by a witness in which he approves of, or comments favourably on the credibility of, another witness; generally prohibited because, in the view of the courts, a witness should have her testimony evaluated on its own without the need for another witness bolstering that testimony

objection an argument by a party that a particular piece of evidence, line of questioning, or other matter is improper or illegal and should not be allowed by the court

objects (corporate law) statements of the purposes and objectives of an NPO

obligee entity to which an administration bond of indemnity is owed (the court)

occupiers' liability the duty of care that those who occupy real property (through ownership or lease) owe to people who visit or trespass

off-title documents documents that are required for closing but are not registered on title

offence violation of a statutory provision, regulation, or bylaw that requires a person to carry out a specified act or refrain from specified conduct, such as a requirement to meet a standard or to comply with a duty specified by the enactment

offence notice document that gives notice of he commencement ofsome types of provincial offence prosecutions; commonly called a "ticket"

offences see substantive criminal law

offer a promise to do something or give something of value to another person; if the other accepts the offer, a binding contract exists

offeree person to whom an offer is made

offering corporation a corporation that offers its shares for sale to the public

offeror person who makes an offer

officers (corporate law) individuals who manage a corporation's day-to-day activities under the supervision of the directors

officers (immigration law) under s. 6(1) of the IRPA, a person or class of person designated by the minister as an officer to carry out any purpose of any provision of the IRPA and who is given specific powers and duties

official examiner individual who is licensed to operate a business to conduct out-of-court examinations, such as cross-examinations on affidavits and discoveries

official plan statement of planning principles prepared for a municipality by the local planning board

Official Receiver a government official in the Office of the Superintendent of Bankruptcy who receives proposals, examines bankrupts under oath, and chairs meetings of creditors

Oickle rule rule requiring that the will of the accused has not been overborne by inducements, oppressive circumstances, or lack of an operating mind and that police trickery has not unfairly denied the accused his right to silence (from R. v. Oickle, 2000 SCC 38)

ombudsman an independent official reporting to the legislature with authority to investigate complaints of unfair treatment and to recommend a different decision in an individual case, as well as recommending fairer practices generally

Ontario Business Information System (ONBIS) an electronic database of information on companies, sole proprietorships, partnerships, limited partnerships, and business names registered in Ontario, maintained by the Ontario CPVSB

Ontario Court of Appeal Ontario's highest court, which considers appeals from decisions of the Superior Court of Justice and the Ontario Court of Justice, including the Divisional Court

onus the burden of responsibility or proof

onus of proof burden of proving a case or the facts involved in a dispute

open a file start a file

open charge charge that permits repayment of the loan before the expiry of the term

open period the period during which a trade union may apply to the labour board for certification

open question a question put to a witness that invites an independent response; a question that does not suggest the answer that is sought or contain crucial information that the questioner wants the witness to confirm; a question that does not put words in the witness's mouth; see also leading question

open work permit a document possessed by a foreign student enabling her to work for any employer for a specific time period

open-ended, or direct, question a question that lets the witness give his own answer without prompting; a question that does not contain any language suggesting a "correct" answer to the witness

opinion evidence evidence that is the product of a witness's belief or conclusion about a fact, rather than the product of direct observation of a fact through the witness's primary senses of touch, sight, hearing, taste, or smell; usually admissible only when proffered by an expert witness

oppression remedy a shareholder remedy where a complainant may apply to the court for an order to rectify the matters complained of; the complainant must satisfy the court that the specified concerns are oppressive or unfairly prejudicial to, or that they unfairly disregard the interests of, a security holder, a creditor, a director, or an officer of the corporation

option a right to acquire securities of a corporation on specified conditions and prices at specified times

option to terminate a term in a contract that allows one or both parties to discharge or terminate the contract before performance has been fully completed

oral evidence evidence given verbally by witnesses

oral hearing a hearing in which all the participants are physically present in the same place, receiving the same information at the same time

oral representation an argument that is made orally, such as at the end of a refugee hearing

order a legally enforceable remedial measure issued by a government official, tribunal, or court; sometimes used to refer to the decision of a tribunal; see also remedy

order excluding witnesses an order that all witnesses except the parties themselves shall leave the courtroom and wait outside the courtroom until they are called to give evidence; the purpose of an order excluding witnesses is to prevent witnesses who have not yet taken the stand from hearing, and being influenced by, the evidence of the witnesses who take the stand ahead of them; required only when there are witnesses other than the parties giving evidence; if the plaintiff and the defendant are the only witnesses, an order excluding witnesses is not required

order for substituted service a court order permitting the plaintiff to serve the claim in a manner that is not set out in the Rules

orders in council administrative orders that serve notice of a decision taken by the executive arm of government

ordinances laws enacted by the northern territories, similar in content to provincial and federal statutes

ordinary resolution a resolution that is passed by at least a majority of the votes cast

organizing drive activity where a union engages in a concerted effort to sign up members at a workplace in order that it will either be certified by the labour board or be granted voluntary recognition by the employer

original/originating court the court where the judgment is made

originating process the document that commences an action, application, or other proceeding

over-the-counter passing of accounts uncontested passing of accounts (without a hearing)

overhold a situation where the tenant remains in a rental unit after the tenancy has been terminated

owner's equity refers to how much of a property's value is actually that of the owner's — for example, if a house is worth $100,000 and is mortgaged for $50,000, the mortgagee is entitled to $50,000 to cover what is owing by the owner on the mortgage loan; the remaining $50,000 is free and clear of the mortgage claim and is the owner's equity in the house

P

paid-up capital a tax law concept; essentially, the amount or sum of amounts received by a corporation as consideration for a particular share, a particular class of shares, or all shares issued by the corporation; may be distributed to shareholders tax-free in certain circumstances

panel physician a local physician, authorized by the Canadian government; formerly known as a "designated medical practitioner"

par value an arbitrary sum prescribed in the corporation's articles, which was the minimum amount for which a share could be issued

paralegal a non-lawyer who is not an articling student and who is licensed to provide legal services in permitted areas of practice to clients for a fee in the province of Ontario

paralegal–client retainer the terms of the contractual arrangement between the paralegal and the client, including but not limited to the scope of the legal services to be provided, fees, billing practices, and the amount of the money retainer

parallel processing processing the permanent residence application of the main applicant and those of sponsored family members at the same time, such as is allowed under the Live-In Caregiver Program

paramountcy a principle providing that if a law falls within the jurisdiction of both the federal and provincial governments, the federal government takes jurisdiction

parcel register book in the Land Titles system that records all registered interests in land

Parcelized Day Forward Registry (PDFR) computerized abstract listing only the most recent transfer prior to automation and those documents registered after the property was automated

pardon a grant under the Criminal Code resulting in an offence being deemed not to have occurred

Parliament the body of elected representatives constituting the legislative branch of Canada's federal government; also called the "legislature"

parol evidence rule if a contract is in writing and is clear, no other written or oral evidence is admissible to contradict, vary, or interpret the agreement

part lot control government control over transactions involving part of a subdivision lot

partial indemnity usual order for costs, based on a cost grid that establishes hourly rates for tariff items listed in the grid; provides less than full recovery for the client

particularized indicia of reliability specific details of the circumstances that make the evidence more likely to be true

particulars details that explain or clarify matters related to evidence, arguments, or remedies disclosed before or in the course of a proceeding — for example, details and clarifications of allegations made by one party against another, or, where the tribunal staff presents the case, details of allegations made by the tribunal staff against a party

partition divide

partnership the relation that subsists between persons carrying on a business in common with a view to profit

partnership agreement a contract that allocates liability among the partners, and specifies other terms and conditions of the partnership; binding only on the parties to the agreement

party a person who commences or defends an action or proceeding

party impugning the will party in litigation who is seeking to set aside the will

party propounding the will party in litigation who is seeking to uphold the will

party status usually, the right of a person to participate fully in a proceeding; may be granted by statute or at the discretion of the tribunal; also called "standing" or "locus standi"

party under disability in Small Claims Court, a person or party who is (a) a minor, (b) mentally incapable within the meaning s. 6 or 45 of the Substitute Decisions Act, 1992, or (c) an absentee within the meaning of the Absentees Act

passing of accounts accounting that passes through the courts, either with a hearing before a judge or without a hearing

passing-off a defendant's false representation of its goods or services, made with the intent of confusing consumers that they are the goods or services of the plaintiff

past consideration an act done or something given before a contract is made, which by itself is not consideration for the contract

past practice if the parties have agreed to and followed a particular procedure that affects or adds to the meaning of a clause in the collective agreement, either party may argue that because both parties have accepted the interpretation over time, custom and usage require that the parties be entitled to rely on the practice as if it were part of the agreement

past recollection recorded process whereby the witness recalls the words he or she made in a statement but not the incident itself

patent unreasonableness a defect or error in an agency's decision of such significance that a court is left in no doubt that the decision must be overturned; formerly, one of three standards of review to be applied by the courts in an appeal or judicial review proceeding, but as a result of the Supreme Court's decision in Dunsmuir now only a standard of review where specified by a statute; see also correctness, reasonableness simpliciter

paternity agreement an agreement between a man and a woman who are not spouses for payments toward various child and/or mother expenses

pattern bargaining a practice where a settlement at another workplace becomes a template for the settlement at other workplaces

pay equity equal pay (for women) for work of equal value

payment into court money paid to the accountant of the Superior Court of Justice pursuant to a court order, to be paid out to creditors or other parties in accordance with a court order

payment out of court when money paid into court is paid out by the accountant of the Superior Court of Justice, in accordance with a court order

peace officer a law enforcement officer having the power to examine people and perform searches and seizures

pecuniary of monetary value

pecuniary gain a gain that a person may have in a matter because of a likelihood or expectation of appreciable financial gain to that person or to another person with whom the person is associated

pecuniary or proprietary interest concerned with financial or ownership matters

penal interest a matter that could result in the person's being incarcerated

penalty clause a term in a contract that imposes a penalty for default or breach

per annum Latin for "per year"

per capita form of distribution to surviving descendants of a predeceased beneficiary whereby each survivor receives an equal share of the original gift

per diem interest the amount of interest that accrues on a daily basis

per diem per day; for each day; daily

per stirpes form of distribution to surviving descendants of a predeceased beneficiary whereby the original gift flows downward by representation

perfect ensure that a preserved lien does not expire by commencing an action to enforce the lien and registering a certificate of action against title to the property

perfecting an appeal taking all the necessary procedural steps to ensure that an appeal is ready to be heard

periodic payments fixed amounts of money that must be paid at regular intervals, usually on a stated date such as the first day of each and every month

periodic tenancy a tenancy that renews automatically at the end of the relevant period until terminated by either the tenant or the landlord, the period being defined by the frequency of rental payments

perjury swearing or affirming a statement (including a document) that you know is not true; perjury is a criminal offence

permanent residence application process under the family class the process whereby an applicant becomes a permanent resident

permanent resident a person who has been granted permanent resident status in Canada and who has not subsequently lost that status under s. 46 of the IRPA; also known as a "landed immigrant" under older legislation

permanent resident card (PR card) a card issued to permanent residents after their arrival in Canada showing proof of immigration status

permanent resident status the enjoyment of most of the same rights and responsibilities guaranteed to Canadians under the Canadian Charter of Rights and Freedoms

permanent resident visa a document allowing a foreign national to travel to Canada and, after a successful examination at a port of entry, to enter Canada as a permanent resident

permanent umpires neutral arbitrators (or arbitrator) named by the parties to hear all arbitrations during the life of a collective agreement

perpetual existence existence with an indefinite term ("forever")

persecution sustained and systematic violation of basic human rights

person in authority a person in a position to influence the prosecution against an accused

person in need of protection a person who has been granted refugee protection under the IRPA because of a danger of torture or because of risk to life or cruel and unusual treatment or punishment; used when the refugee claim does not fall within the scope of the Refugee Convention

person under disability see party under disability

person who appears to have a financial interest in the estate person who has enough standing with respect to the estate to invoke the powers of the court

personal information information about an identifiable individual (other than name, title, or business address and number) as defined under the Personal Information Protection and Electronic Documents Act

personal property consists of real/tangible, movable property, such as consumer goods, other goods, inventory, and equipment (also called "chattels"); and intangible property, including investments and securities; but does not include real property

personal representative under the Estates Administration Act, this term refers to the person charged with administering an estate, whether the person is an executor appointed by the deceased, or an administrator appointed by the court

personal service personal delivery of a copy of a document (for example, an issued plaintiff's claim) to another party in accordance with the procedures set out in Rule 8.02; the requirements for personal service vary, depending upon who the other party is (for example, an individual, a corporation, a municipality, etc.)

persons under mental disability a general term that includes persons who are delusional and insane so as to be a danger to themselves and others, and those who, while not insane and dangerous, lack the ability to manage their own affairs

persuasive of a precedent from another jurisdiction or from a lower court, convincing but not binding

phase I environmental assessment assessment of property conducted to determine the likelihood that one or more contaminants have affected all or part of the property

phase II environmental assessment assessment of property conducted to determine the location and concentration of contaminants on the property; follows completion of a phase I assessment

physical evidence any object produced before a court or tribunal as evidence that a judge or adjudicator may observe with his or her own senses — for example, a weapon alleged to have been used in committing an offence or a product alleged to be defective; also called "real evidence" or "demonstrative evidence"

PIN a personal identification number used in a symmetric cryptosystem to identify one party electronically to another party

plain language drafting the modern style of drafting legal documents that employs plain, ordinary language and emphasizes clarity, precision, and brevity

plain view doctrine rule that a police officer may act without a search warrant if the evidence is in plain view

plaintiff person who brings a civil action against another

plaintiff's claim document filed in court setting out the plaintiff's case against the defendant

plan of subdivision registered plan illustrating the measurements and boundaries of all lots and streets created by the division of concession lots into many smaller lots

plan of survey schematic sketch showing boundaries of property and location of all fences, structures, and rights of way

plea bargain negotiate a resolution to the matter

pleadings the documents filed at the commencement of a proceeding, in which the parties plead, or state, the allegations of fact on which they rely in support of their case

pleadings noted closed the act of noting pleadings closed means that no party may file any further claims, defences, motions, or other court documents; this act brings the pretrial stage to a close — in a defended proceeding, the matter is then listed for trial; in a default proceeding, the defendant is barred from filing a statement of defence and the plaintiff is free to sign judgment

POLARIS Province of Ontario Land Registration Information System; computerized land information system

police officer has the authority to lay charges against a defendant

policy non-binding guidelines created by agencies to support the administration of statutes and regulations, and reflecting the government and agency's agenda

political unionism union activity that goes beyond negotiation and enforcement of a collective agreement to embrace broader political issues of importance to workers

positivism an approach to the interpretation of law that states that the meaning to be given to the words in legal rules should be the ordinary, dictionary meaning without resorting to social, economic, or political values to aid in interpretation

possession control or occupancy of land regardless of ownership

post-closing adjustment amendment of the purchase price after closing to account for variation from inventory count, equipment valuation, shareholders' equity, or working capital as set out in the agreement of purchase and sale

post-incorporation organization the passage of certain resolutions and the preparation of certain documents to set the corporation up to be in a legal position to do business

post-judgment interest interest that accrues on the amount awarded in a judgment, including costs, calculated from the date of judgment to the date payment is made

postponement agreement an agreement between two creditors of the same borrower whereby one creditor agrees to postpone repayment of its debt until the borrower has fully satisfied its debt to the second creditor

potential prejudice the potential for a piece of proposed evidence to be misused (usually, given too much weight) by the trier of fact

power of attorney a document authorizing an individual to act on another person's behalf in a legal or business matter

power of sale power to exercise the remedy of sale in case of default under a charge

practice direction a procedural directive issued by the chief justice of Ontario for the Superior Court or by a regional chief judge for a particular judicial region; a practice direction may clarify or supplement the procedural requirements of the Rules of Civil Procedure — at one time, there was some question about the authoritativeness of practice directions, but they are now clearly authorized by the Rules of Civil Procedure

prayer or request for relief the first paragraph in a claim, setting out in separate subparagraphs particulars of the damages, interest, and other relief that the plaintiff thinks she is entitled to

pre-closing a meeting before the closing of a transaction at which counsel for both parties discuss and attempt to resolve outstanding issues, agreed-upon changes to documents are made, closing documents may be signed, and the closing date is confirmed

pre-emptive rights any further issue of shares must first be offered to the existing shareholders of the same or another class or series of shares on such terms as are provided in the articles or USA before being offered to others

pre-hearing conference (PHC) an informal meeting or formal hearing in advance of the main hearing in a proceeding for the purpose of making procedural decisions or resolving issues

pre-incorporation contract a written or oral contract entered into by a person on behalf of a corporation to be incorporated

pre-judgment interest interest on the amount awarded calculated from the date the cause of action arose to the date of judgment

pre-population electronic process of copying information from a database into a document

precatory memorandum non-binding memorandum that is made after the will is executed and may or may not be referred to in the will

precedent a legal decision that is taken as a guide in subsequent cases; an essential doctrine of common law that requires judges to follow the rule in a previously decided case when that case deals with similar facts or issues to the case currently being decided and that case was decided by a higher court in the same jurisdiction or by the Supreme Court of Canada

precedent case a case that is similar to the case currently before a board in the facts it presents and the issues it raises

precedent document a legal document that is used as a template or guide for drafting subsequent documents with a similar purpose

preferred beneficiary election election that can be filed by a disabled beneficiary to report any income that is accumulating in the trust to the benefit of the beneficiary

preferred creditor an unsecured creditor who ranks ahead of ordinary unsecured creditors in a debt collection or a bankruptcy because of priority and special rights conferred by a statute

preferred shares (or preference shares) shares that have priority over other classes of shares

prejudice harm to a party's case due to a delay in proceeding; inability or reduced ability to resolve a situation because of an act or omission; the potenial for a trier of fact to give evidence more weight than it deserves

prescribed senior official as referenced under s. 35(1)(b) of the IRPA, a senior official in the service of a government that has been designated by the minister as a perpetrator of terrorism, human rights violations, genocide, war crimes, or crimes against humanity

prescription means by which an interest is acquired in another's land after a period of open and uninterrupted use

present impression a statement regarding a person's perception of their immediate physical surroundings or actions

present memory revived process whereby the witness revives actual memories and details of an incident; cf. past recollection recorded

preserve ensure that lien rights are protected and do not expire by registering a claim for lien against title to the property on which work was performed within 45 days of completion of the work

presumption a legal inference or assumption that a fact exists, based on the known or proven existence of some other fact or group of facts

presumption of advancement the presumption, created by the Married Women's Property Act, that a husband who placed property in the name of his wife intended to make a gift of the property to her

presumption of law an inference in favour of a particular fact; a rule of law whereby a finding of a basic fact gives rise to the existence of a presumed fact or state of affairs unless the presumption can be rebutted, or proven false, by the party seeking to deny the presumed fact

presumption of resulting trust an equitable principle under which it is presumed that a person who places property in the name of another person intends that person to hold the property in trust for the donor

prima facie on the face of it

prima facie case a case in which the facts alleged by the plaintiff or complainant, if true, constitute a breach of law

primary picketing picketing the employer of the striking workers at the work site of the employees on strike

principal residence under the Income Tax Act, a residential property in which the taxpayer or other family member has resided during the taxation year

principal amount of money borrowed under a loan

principal the party who contracts for the services of an independent contractor; the party who can be bound by its agent

principle of non-refoulement a rule of international law that obliges countries to provide protection to refugees against return to the country where they face a risk of persecution, or where their life or freedom would be threatened because of their race, religion, nationality, membership in a particular social group, or political opinion

principle of proportionality requires that the time spent on and the expense of a lawsuit be in proportion to the value of the case that is at stake for the parties

principled approach method of applying rules of evidence by reference to the policy underlying the rules

principled exception exception to the hearsay rule based on the principles of necessity and reliability

priority rank or status of a registered interest in land as determined by the date of registration of that interest

priority agreement an agreement between all the participating lenders in a mezzanine financing arrangement, clarifying the ranking of the lenders' respective interests in the collateral

privacy commissioner the commissioner appointed to investigate complaints of failure to comply with the requirements of the Personal Information Protection and Electronic Documents Act

private corporation a corporation whose shares are not publicly traded — its incorporating documents (1) restrict the right to sell shares, (2) limit the number of its shareholders (excluding employees) to 50, and (3) prohibit public trading of its shares or securities; also called a closely held corporation

private law law that governs the conduct of persons other than government; distinguished from public law

privative clause a provision included in an agency's governing statute for the purpose of restricting or preventing judicial review of specified actions or decisions of the agency; intended to preserve the distinction between matters that are the subject of an appeal and matters that may be addressed by judicial review

privilege an exception to a general right or duty; in the case of evidentiary privilege, the right or duty of a person to withhold otherwise admissible evidence from a court or tribunal to preserve its confidentiality; see also privileged information

privilege by case privilege extended to communication on a case-by-case basis

privilege by class privilege based on the relationship between the communicator of information and the recipient

privileged information information that a court or tribunal cannot compel a person to disclose because of the need to protect its confidentiality even though it may otherwise be admissible; see also privilege

privity of contract a rule that only parties to a contract can enforce contract rights

pro bono abbreviation of a Latin term, pro bono publico, meaning "for the public good," used where a lawyer takes on a case without charging a fee as part of a duty to see that justice is done

probation a period of time when an employee is monitored to determine his or her suitability for a job

probation order a court order that places conditions on a defendant after conviction, often to control the defendant's movements and require certain action

probative value the degree to which a potential piece of evidence helps prove a proposition; the value or strength of a fact in proving what the party seeks to establish

procedural fairness the requirement that a decision-maker acting under a statutory power of decision must give any person whose rights, privileges, or interests may be affected by a decision reasonable notice of the intended decision and the reasons for it, and an opportunity to respond, and must be impartial, even if the function of the decision-maker is not quasi-judicial in nature; see natural justice

procedural law law that prescribes methods of administration, application, or enforcement of a law — for example, the provisions of the Criminal Code that specify the procedures to be followed when a person is believed to have committed an offence; distinguished from substantive law

process server a person whose job is to deliver court documents and other important notices

professional (immigration law) under NAFTA, a citizen of the United States or Mexico who has pre-arranged employment with a Canadian employer and whose occupation is listed in NAFTA

professional misconduct any improper action of an immigration consultant during the course of conducting business that tends to discredit the profession

profit à prendre interest created when mineral rights are acquired in the land of another person

progressive discipline discipline that is imposed in a series of increasing steps

prohibition an order issued by a court requiring a person to perform some act or refrain from some conduct harmful to the party who seeks relief

prohibition order a court order that prohibits a defendant from engaging in activities that could lead to a repetition of the offence

prohibitory injunction an injunction that directs a person not to do a certain thing

promisee the party to a contract who receives the benefit of a promise made by another party to the contract

promisor the party to a contract who undertakes to do something

promissory estoppel a rule whereby a person is prevented from denying the truth of a statement of fact made by him or her where another person has relied on that statement and acted accordingly

promissory note a promise to pay that is signed and dated by the debtor; it should contain the following terms: the names of the payor and the debtor, the amount advanced to the debtor, and the date on which it was advanced, and the terms of the loan, including payment terms, interest rates, penalties on default, if any, etc.

proof of service a written statement affirming that a notice of motion has been served on all parties to a proceeding and indicating how and when the notice was served

propensity evidence evidence of an accused's past history or tendency to act in a certain way

property (land titles registration) term used to describe area of land created by the division of blocks during the remapping of land under POLARIS

property identifier number (PIN) unique nine-digit number for each property created by combining the block and property number for that property

property number four-digit number assigned to a property; the second part of the PIN

Property Parcel Register register that contains the description of the property including any easements and the original encumbrances that affect the entire condominium property

proportionality the principle that the sanction must fit the offence

proposed declarant prior to the registration of the declaration and description, the person who owns the land described in the description

prosecution the laying of a charge and proving of an offence against an alleged offender

prosecutor an agent of the attorney general who prosecutes the charges against the defendant

prospective client a person who consults you about a legal issue but has not yet retained you

provincial court judge a lawyer who has been appointed a judge and typically presides over more serious provincial offences cases and appeals

provincial offences quasi-criminal offences arising under provincial statutes

provincial offences officer has the authority to lay charges against a defendant for specific types of provincial offences (includes a police officer)

provocation a defence available to a defendant who was faced with a sudden act or an insult that would make a reasonable person lose self-control

proxy a document by which a shareholder appoints a "proxyholder" or one or more alternate "proxyholders," who need not be shareholders, as the shareholder's nominee to attend and act at the meeting in the manner, to the extent, and with the authority conferred by the proxy

psychological confinement barrier-free confinement of a person against his or her will

public company a corporation whose shares are for sale to the general public — public companies are subject to rigorous disclosure requirements under securities legislation

Public Guardian and Trustee a government office whose staff are responsible for looking after the interests of mentally incapable persons (formerly called mentally incompetent) where no attorney under a power of attorney, guardian of the person, or guardian of property has been appointed

public housing rental housing provided by a government body, usually at reduced rent to people with low income

public law law that deals with the structure and operation of government; governs the relationship between individuals or private organizations and the government, between governments, and between departments and agencies within a government; includes administrative law; distinguished from private law

public safety exception an exception to privilege when the otherwise protected communication poses a threat to public safety

public servant an employee of the government or government agencies

public utility system that provides to the public water, sewage, fuel (including natural gas), energy (excluding electricity), heating, cooling, or telephone supplies or services

publication ban an order issued by a court or tribunal prohibiting the publication of evidence and other information disclosed in a proceeding

punitive damages a remedy awarded by the court for purposes beyond compensation, such as denunciation or deterrence, usually where there has been malicious or oppressive conduct

purchase money security interest (PMSI) an interest giving a lender superpriority over other creditors in respect of assets of the borrower purchased with the borrowed funds

purchaser buyer of the property

purchaser in good faith sometimes given in Latin as bona fide purchaser, this phrase describes an individual who has bought something in circumstances where there is nothing to tell her that the seller is trying to unload the asset quickly, get cash, and get away with the cash before creditors manage to seize the asset or its proceeds; where a bad-faith sale has occurred, there are usually signs that tip off a reasonable and prudent buyer — for example, a price below fair market value, secrecy in the transaction, undue haste, insistence on payment in cash, among other things — so that a purchaser would be presumed to be on notice that the seller's title is flawed or questionable and the purchaser is deemed to acquire ownership subject to the claims of creditors

pure economic loss the loss of money unrelated to injuries or to damage to goods or real property

purging the list the judge and the clerk go through the matters listed on the court docket, and reorder them according to whether the matter has settled, will be adjourned on consent, will be adjourned subject to argument by the parties, or is undisputed (i.e., one of the parties has not appeared); undisputed matters will be dealt with by means of a brief trial at which the party who is present may give evidence; disputed matters at which all parties have shown up will be held down until all of the above have been dealt with

Q

qualification hearing a hearing held by a court or tribunal for the purpose of deciding whether to admit opinion evidence of an expert witness

qualified interpreter a person who is trained to interpret in a courtroom environment; interpreters are not under oath when they interpret; they must provide an unbiased and accurate version of what the witness under oath is saying on the stand

qualified privilege a defence against defamation for statements made while fulfilling a duty

qualifying spousal trust trust that qualifies for advantageous tax treatment under the Income Tax Act

quantifying damages calculating damages — that is, determining all of the different kinds of damage or injury that a party has suffered because of another's wrongdoing, and assigning money values to the different kinds of damage, based on the evidence

quantum amount

quantum meruit an equitable doctrine that states that no one should unjustly benefit from the labour and materials of another; under those circumstances, the law implies a promise to pay a reasonable amount, even in the absence of a contractual term for price

quash to declare something null and void, and of no legal force and effect; for example, to nullify or invalidate charges against a defendant, or to set aside an order of a lower court

quasi-constitutional in relation to a law, a law that is below a country's Constitution but above ordinary laws in the hierarchy of laws because it protects rights that, although they may not be explicitly recognized in the Constitution, are very important to society

quasi-criminal offences offences that bear a resemblance to criminal matters because the procedure for dealing with them is similar to the criminal process (also known as provincial offences)

quasi-judicial similar to that of a judge; often used to describe the functions of a tribunal when it must make a decision regarding the substantive rights of a person

question of fact a factual dispute; in jury trials, questions of fact are determined by the jury; in non-jury trials, questions of fact are determined by the trial judge

question of law a question of what law applies, or how to apply or interpret the law in the circumstances of a case; in both jury and non-jury trials, questions of law are determined by judges

quorum the minimum number of directors or shareholders who must be present at a meeting to constitute a valid meeting

R

Rand Formula a formula for resolving labour disputes, developed by Ivan Rand, a Supreme Court of Canada justice; it provides that the employer shall deduct union dues from the salaries of all employees in the bargaining unit, and remit the deduction to the union, whether the member has joined the union or not; this is also known as a mandatory dues check-off

rape shield provisions provisions in the Criminal Code that forbid the admission of evidence of a complainant's sexual history to support an inference that she is more likely to have given consent or is less worthy of belief

ratification a confirmation to abide by an international agreement

ratification the process where the union's and management's negotiating teams get a tentative agreement approved by the membership and management

ratio decidendi the legal reason for the judge's decision in a case

re-examination further questioning of a witness by the party or representative who called him or her for the purpose of clarifying any answers given by the witness during cross-examination

read into a court's adding by implication language into legislation in order to make it comply with Charter provisions

real evidence tangible evidence that is put before the trier of fact

real property land, including everything that is attached to it

realize on the security when a secured creditor seizes and sells the property pledged as security for a debt, and applies the proceeds of the sale to the balance owing on the debt

reasonable apprehension of bias the appearance of bias to a reasonable and well-informed observer; also called an "appearance of bias" or "perception of bias"

reasonable expectation of privacy test test used by the courts to determine whether a police search was lawful; considers whether the accused's expectation of privacy was reasonably held and whether the search was reasonable

reasonable grounds a set of facts and circumstances that would satisfy an ordinarily cautious and prudent person, and that are more than mere suspicion; a lower standard of proof than a balance of probabilities

reasonableness simpliciter simple reasonableness; an alternative to correctness as a standard for accepting an agency's decision in an appeal or judicial review, based on a determination that the agency's interpretation of the law or the facts, or both, is reasonable; used when a question does not lend itself to just one "correct" answer, but rather several different answers may each be reasonable; see also correctness, patent unreasonableness

reasoning prejudice applies to evidence that, if admitted, may confuse the trier of fact or distract the trier of fact from the issue it must decide

rebut to present opposing evidence or arguments

rebuttable presumption an inference that a court will draw unless the contrary is proven

rebuttal see reply evidence

recall rights the right of an employee who is laid off from work to be called back to work before the employer can hire a new person; often determined in order of seniority

recapture of income what must be reported as income on the terminal T1 tax return if the undepreciated capital cost of the last asset in a class of depreciable capital assets is lower than its fair market value

receivable refers to money that is owing to a creditor (also called an account receivable); because it describes a right to future payment or income; a creditor can sell or assign its receivables as a way of paying others — a creditor who has done this gives the purchaser or assignee of the receivable the right to be paid the amount of the receivable by the debtor

recital statement that sets out background facts on which a document (for example, a contract) is based

recognizance an acknowledgment and agreement by the defendant that he or she will attend the next scheduled court appearance

reconsideration the procedure established by a tribunal to review its decision when a party provides evidence or argument that the decision may be wrong or unreasonable; also called "rehearing" or "reopening"

record (immigration law) the collection of documents received by the RPD from a refugee claimant before there is a decision to hold a hearing

record date (for shareholders entitled to receive notice of meetings) a date fixed in advance by the directors for the purpose of determining which shareholders are entitled to receive notice of a meeting of shareholders

redeem release or free land from a claim against it by paying the amount owing under the charge

referee a non-judge who is authorized by the Rules to preside at terms of payment hearings

reference judicial proceeding used when it is necessary to delve into an issue in detail before a decision can be reached

reference plan registered survey prepared to illustrate the boundaries of a parcel of land

refresh the retainer make a further deposit against future fees as a case progresses

refugee a person who is forced to flee from persecution (as opposed to an immigrant who chooses to move)

refugee claimant a person who has made a refugee protection claim where the decision is yet to be made; this term is used in Canada and is equivalent to "asylum seeker"

refugee sur place a person who did not initially flee the home country, but while in another country became a refugee in need of protection because of changed country conditions or circumstances in the home country

refusal letter document sent to a permanent resident applicant outlining the reasons for the application's refusal

registered charity an organization, whether incorporated or not, that has been established for one or more charitable purposes and registered as a charity with the CRA

registered charity information return (Form T3010B) the charity information return that must be filed with the CRA by every registered charity on an annual basis and within six months following the expiration of a registered charity's financial year

registering court the court in which a judgment is registered

registrar the tribunal staff member who is responsible for processing applications or appeals and handling related issues and procedures, such as providing parties with information about the tribunal's procedures; scheduling motions, pre-hearing conferences, and hearings; and sending out notices and decisions

Registry system land registration system in Ontario governed by the Registry Act

regulations detailed rules that flesh out the meaning and requirements of a statute; made under the authority of a statute, either by Cabinet or by a body to which this power is delegated; also called "subordinate legislation" or "delegated legislation"

regulatory offences laws that have been enacted to regulate behaviour in society (also known as provincial offences)

rehearing see reconsideration

relevant evidence evidence that helps to answer a question that a court or tribunal must address in making a decision

relevant fact a fact that logically supports a proposition

relief from forfeiture a remedy granted to a debtor whose property has been seized by a creditor who has acted in an oppressive or capricious manner

remedial certification if the union demonstrates that it has some support for certification and the unfair labour practices of the employer make it impossible to determine the true wishes of the employees in a vote, then the union will be certified without a vote

remedial legislation law intended to right a societal wrong and provide a remedy, rather than to punish an offender

remedy a measure that an authority such as a government official, court, or tribunal can take to prevent, redress, punish, or compensate for a wrong, or to relieve, cure, or correct a condition

removal order an order issued either after an examination or at an admissibility hearing instructing the person to leave Canada

removal ready refers to people who are subject to a removal order that is in force or to a security certificate that has been issued against them

rent geared to income a rent determined on the basis of the tenant's income, which in Ontario social housing is usually 30 percent of the tenant's income

reopening see reconsideration

reorganization a court order made under the CBCA, the OBCA, or the Bankruptcy and Insolvency Act approving a proposal, which may include an amendment to a corporation's articles

reply plaintiff's opportunity to respond to new matters raised by the defendant

reply evidence evidence called to rebut or refute the evidence presented by an opposing party; see also surrebuttal

reporter see law reporter

reporting letter letter signed by the lawyer, outlining what was done in the transaction

representation a statement made to induce someone to enter into a contract

representative a professional (for example, a lawyer or a paralegal) who is authorized to represent a defendant in a proceeding; see advocate

repudiate to renounce or reject an obligation

request to admit document in which one party requires the other to admit the truth of a fact or the authenticity of a document

requisition request made to the vendor to clear up problems revealed by the title search and other inquiries

requisition date deadline by which the purchaser (buyer) must submit any title requisitions to the vendor (seller)

requisition going to the root of title requisition based on a defect that calls into question the legal enforceability/validity of the title

requisition on conveyance requisition that requires the vendor to produce an effective conveyance, assuming that the vendor has the ability to do so

requisition on matters of contract requisition for specific things that the purchaser is entitled to receive under the contract

requisition on title query of directives made by the purchaser that asks the vendor to remedy problems with title

res gestae or spontaneous statement a statement made in an excited state or expressing an existing physical, mental, or emotional state

res judicata Latin for "the thing has been decided"; once a claim is heard and decided by a court or tribunal, it cannot be heard again

rescheduling postponement, usually of a hearing, before the hearing was scheduled to begin

rescind cancel

rescission the cancellation, nullification, or revocation of a contract; the "unmaking" of a contract

reserve of a decision, to hold back a decision following a proceeding to allow for further consideration of the matter by the court or tribunal and the release of the decision at a later time

reserve fund (condominium) covers costs of major repairs to and replacement of common elements

resettlement in the context of refugee law, the relocation and integration of a refugee or person in a refugee-like situation from a camp or other temporary situation to another country where he can reside on a permanent basis; this option may be used when the refugee cannot return to his country of origin because of a risk to life or other serious problems

Resettlement Assistance Program (RAP) program that provides financial and immediate essential services to government-assisted refugees

residence in Canada a requirement for citizenship

residency calculator CIC website tool for timing citizenship applications

resident Canadian defined under the CBCA and the OBCA variously but essentially as an individual who is a Canadian citizen ordinarily resident in Canada, a Canadian citizen not ordinarily resident in Canada who is a member of a prescribed class of persons, or a permanent resident of Canada within the meaning of the federal Immigration and Refugee Protection Act and ordinarily resident in Canada

residual gift gift to a beneficiary that is left over in the estate after the debts and the gifts to other beneficiaries are paid

residual power power that is not otherwise delegated elsewhere; the federal government has a residual power to legislate in all subject areas that are not specifically assigned to the provinces

respondent party that answers or defends against an appeal or an application

responding party a party who is required to respond to a motion brought by another party; see also moving party

responsibility the ability to comprehend the necessity of being truthful and the consequences for not telling the truth

restitution a remedy by which one seeks to rescind a contract; if granted, restitution restores the party, as far as possible, to a pre-contract position

restraint of trade practices that are designed to artificially maintain prices, eliminate competition, create a monopoly, or otherwise obstruct the course of trade and commerce

restrictive covenant (property law) a provision in a contract that prohibits certain activities or uses of property

restrictive covenant (employment law) an agreement that restricts an employee's activities or conduct during or after employment; for example, a non-solicitation clause is a restrictive covenant that prevents an employee from soliciting employees or customers of an employer for a specified period of time after the end of employment

resulting trust an implied trust, as distinguished from an express trust, where the legal titleholder is presumed to be holding property for a beneficiary in circumstances where a common intent can be implied

retail sales tax provincial tax on the purchase of chattels

retainer contract between a lawyer and client describing the services to be provided by the lawyer and the terms of payment by the client; also refers to a cash deposit to be used by a lawyer to pay future fees and disbursements as they are incurred

retainer agreement an agreement for legal services between a licensee and a client

return date the date on which the motion will be heard by the court

return of a motion day on which a motion is "returned" to court for a hearing; the hearing date is also referred to as "the return date"

revenue disbursements money spent for the purpose of maintaining an asset that earns income

revenue receipts money or payments earned by the estate during the accounting period

reverse onus situation where the obligation to prove a fact is shifted from one party to the other

reverse search a reverse search allows you to submit an address, telephone number, or email address to obtain the name of a resident or subscriber

revival the process of restoring a corporation that has been dissolved as if it had never been dissolved

revoke to annul or make void by recalling or taking back; to cancel or rescind

right against self-incrimination a person's right not to be compelled to be a witness against himself in criminal or quasi-criminal proceedings

right of first refusal (to rent) a right to be allowed to rent before the renovated unit is offered to other prospective tenants

right of physical chastisement the right of a husband to use physical force to discipline his wife

right of survivorship automatic vesting of an interest in the surviving joint tenant or tenants when one joint tenant dies

right of way right to use a portion of another's land for access purposes

right-to-work laws laws that make it harder for unions to organize workers and become certified, usually by providing for the right of individual workers not to join or be made to join a union as a condition of employment

riparian rights rights to the use of a watercourse running through or adjacent to the property

risk of cruel and unusual treatment or punishment and risk to life ill-treatment causing suffering that is less severe than torture

rollover situation where capital property is transferred to a beneficiary upon the taxpayer's death without immediate tax consequences, deferring income tax until the recipient becomes liable for the tax

root of title (root deed) first conveyance of the fee simple estate (a deed or transfer) registered after the commencement date of a title search

rule against perpetuities rule that prevents a trust from being open-ended indefinitely with respect to its potential beneficiaries

rule of law the principle that governments, as well as individuals and corporations, must follow the law; in particular, governments may take actions that limit the activities of citizens or their access to rights or benefits only in accordance with substantive and procedural requirements prescribed by law

ruled off the land registrar's drawing of a line through the entry in the abstract book of a mortgage that has been discharged

rules a category of regulation that has the purpose of establishing practices and procedures for the presentation of cases

rules of evidence rules used by the courts to determine the admissibility of evidence, composed of a combination of common-law principles, statutory provisions, and constitutional principles, and requiring that evidence presented in court be relevant, reliable, necessary, and fair

rules of natural justice the legal principle that parties affected by a decision are entitled to be given a fair opportunity to present their case to an unbiased decision maker

rules of statutory interpretation the principles used in interpreting laws; see also statutory interpretation

running account an account where a regular customer charges purchases against a standard account number on an ongoing basis; the defendant makes payments against the account from time to time (usually on a monthly basis)

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s. 44(1) report see inadmissibility report

safe third country a receiving country that is any country, other than the country of origin, in which a refugee enjoys protection

search notes summary of the contents of all registered documents affecting title; reveals the state of the title including any encumbrances

search the title conduct an investigation into the status and history of title to land

searching behind the plan examining the abstract book for the original concession lot of which property was a part prior to the registration of the plan of subdivision

Seasonal Agricultural Worker Program (SAWP) a program that allows the entry of foreign nationals to work in the agricultural sector in Canada

second charge charge registered after the first charge and thus having subsequent priority to the first

secondary arbitration a family arbitration that is conducted in accordance with a separation agreement, a court order, or a family arbitration award that provides for the arbitration of possible future disputes relating to the ongoing management or implementation of the agreement, order, or award

secondary meaning when applied to a corporate name, a meaning that has acquired distinctiveness through use over a period of time

secondary picketing picketing at a supplier or customer of the employer or another party who is not involved directly in the dispute

secret trust form of testamentary trust that does not appear in the will and may or may not be in writing

secured credit transaction a transaction where the debtor has put up some asset of value as collateral that the creditor may use as security for the unpaid debt — if the debtor defaults, the creditor can recover what is owing by seizing the collateral; the debt is said to be secured by the creditor's rights in the collateral

secured creditor a creditor whose loans are secured against real or personal property; if the debtor defaults in payment, the secured creditor may seize and sell the property, and pay the balance owing on the loan out of the proceeds of the sale, in accordance with the terms of the security agreement

security certificate a document providing for a removal hearing in the absence of the person named, where information must be protected for reasons of public safety

security of tenure the right of a residential tenant in Ontario to keep the tenancy unless the landlord has a specific reason to end the tenancy, as set out in the Residential Tenancies Act

SEDAR System for Electronic Document Analysis and Retrieval; the electronic filing system for the disclosure documents of public companies and mutual funds across Canada

seized having begun to hear evidence in an application, the specific adjudicator must continue to hear the case until its resolution

self-defence justifiable self-protection when a person reasonably perceives a threat and responds in a reasonable manner

self-help remedy a remedy exercised by a wronged party without recourse to a formal system of justice

seller vendor of the property

sentence penalty imposed for an offence

separation agreement an agreement between parties who have cohabited, in or out of marriage, and who have separated, in which they agree on their respective rights and obligations

series a subdivision of shares within a class of shares

service process by which documents are brought to the attention of a party in accordance with the rules or a court order

services and facilities things provided with a rental unit such as parking, appliances, common-area cleaning, lockers, laundry facilities, heating, and air conditioning

servient tenement land over which an easement runs

set aside to declare a court order or procedural step of no force and effect

set fine the amount of monetary penalty determined by the chief justice of the Ontario Court of Justice for an offence under Part I or Part II

setoff in an action for debt, a defence in which the debtor admits that he or she owes a debt to the creditor but also claims that the creditor owes a debt to him or her, and uses this reasoning to cancel or reduce the debt owed to the creditor

setting an action down for trial procedure that a party must follow in order to have its case placed on the trial list

settlement conference informal and confidential meeting during which the parties try to resolve or simplify issues in dispute

settlement plan details of a refugee sponsor's commitment to provide basic financial support and care for a sponsored refugee

settlor a person who creates a trust by transferring property to a trustee for the benefit of a third party

severance a consent under the Planning Act to the division of land into two or more separate pieces of land

severance division of land into smaller parcels

severance pay a one-time lump-sum payment made to a terminated employee in certain circumstances as set out in the employment contract or under the Employment Standards Act

sexual harassment any unwelcome sexual solicitation or advance either by someone in a position of power in relation to the victim (such as an employer or landlord) or by someone whose conduct a person in a position of power has the ability to control (such as a co-worker or fellow tenant of the victim)

share a percentage of the ownership of a corporation that entitles its holder to certain rights in the corporation

share capital corporation a corporation that has been incorporated for profit and issues shares

shareholder someone who holds shares in a corporation

sheriff official appointed by the provincial government to assist in various court-related functions, such as the enforcement of orders and judgments

shrink-wrap contract a transaction where there are additional terms or conditions inside the packaging or in documentation furnished after the purchase; the purchaser does not see these additional terms until after the transaction is completed

sick leave an excused absence from work because of illness

sidesperson a nominee by either labour or management to a board of arbitration

sign-back offer whereby the original offeree changes some of the terms in the original offer, initials the changes, then submits it to the original offeror

signatory someone who signs a document

significant benefit a ground of exemption from the usual requirement of foreign workers to obtain an HRSDC confirmation; the exemption applies to foreign workers whose presence in Canada will likely result in a significant benefit to the country and permits them to apply for a work permit without first obtaining the HRSDC confirmation

similar fact evidence evidence that shows that an accused committed similar offences in the past, which may be admitted provided that it is relevant to establishing an important matter other than the accused's predisposition to commit that type of offence

simple contract a contract that can be oral or in writing and that is not a formal contract

simultaneous conveyance two abutting parcels of land conveyed at the same time to two different people

sine die adjournment adjournment for an indefinite period

single-entry visa a document that allows a foreign national to enter Canada only once, usually only for six months

sittings a time period during which a specific court may hear cases

slander making an oral defamatory statement

slander of goods false or misleading statements intended to decrease a competitor's market share

slander of title false or misleading statements intended to deter another from entering into a transaction

sleeping on its rights a union that does not try to get a collective agreement after certification is said to be sleeping on its rights and for that reason may be decertified

smart meter a meter that tracks how much electricity is being used and relays to the hydro provider the time of day in which that electricity is being used

social housing housing provided by a city or provincial housing authority, or other agencies such as non-profit housing corporations, primarily to those with low incomes

sole custody when one parent has total care of and decision-making power over the child

sole proprietorship the carrying on of business for profit by an individual without other owners

solemn affirmation promise to tell the truth in court that has the same value as an oath

solicitor–client privilege privilege that protects communications between lawyer and client made for the purpose of obtaining legal advice

special act corporation or company a corporation formed by a special statute passed by Parliament to undertake special projects

special advocate a person who must be appointed to act on behalf of a person who is subject to a closed security certificate hearing process to protect his or her interests

special business business conducted at a meeting of shareholders other than consideration of the minutes of an earlier meeting, the financial statements and auditor's report, election of directors, and reappointment of the incumbent auditor

special damages monetary damages that are specific, ascertainable, and measured on an objective basis; sometimes referred to as out-of-pocket expenses

special program an employer program aimed at relieving hardship or promoting the employment status of disadvantaged groups

special resolution a resolution that is passed by at least two-thirds of the votes cast in respect of the resolution, or that is consented to in writing by all the shareholders who are entitled to vote on the resolution

special service organization a non-profit social, religious, or other organization that serves the interests of a group that is protected under the Human Rights Code

special shares shares that have rights, privileges, restrictions, and conditions that do not apply to common shares

specific damages damages that compensate for actual monetary losses, such as earnings lost

specific gift gift of a particular object of personal property, lease, or assignment of debt

specific goods specific, identifiable chattels that have been singled out for contract purposes

specific performance a remedy requiring the party who is in breach of a contract to perform his or her obligations under the contract

specific security agreement an agreement between a borrower and a lender giving the lender an interest in specific assets of the borrower; generally used for smaller loans

spendthrift trust trust that names a trustee to manage the gift to a beneficiary until the beneficiary reaches a specified age

spoliation the destruction, mutilation, alteration, or concealment of evidence

sponsorship agreement holder (SAH) an established, incorporated organization that has signed an agreement with the minister of CIC to facilitate refugee sponsorship

sponsorship application process under the family class, the process whereby an approved sponsor may apply to be reunited with a family member

spousal consent consent of the spouse of the owner on title to the transfer or mortgage of a matrimonial home, required under the Family Law Act

spousal privilege privilege based on the spousal relationship that prevents one spouse from testifying against the other

staggered term a varied period of time for which directors are elected

standard charge terms mortgage terms that are used in all mortgages issued by an institutional lender, which are filed with the government and are then assigned a file number

standard of care 1. legal criteria against which a defendant's conduct is measured to determine whether he or she has been negligent; 2. how well, how carefully, or how thoroughly a person carried out the duty of care owed to another

standard of proof the level of certainty needed for the prosecution to convict, or for a defendant to exonerate himself or herself; can be beyond a reasonable doubt or on a balance of probabilities

standard of review the level of scrutiny that an appeal court will apply to the decision of a lower court or tribunal

standing see party status

standing committee committee that is permanent during the existence of an NPO

stare decisis a common-law principle that requires lower courts to follow precedents emanating from higher courts in the same jurisdiction unless there is good reason for them to do otherwise; see also precedent

state agent authority of the refugee claimant's country of origin — for example, police and members of the military

stated capital a corporate law concept; essentially, the sum of all amounts received by a corporation as consideration for a class or series of shares issued by the corporation; subject to restrictions on distribution to shareholders

stated case a request by a tribunal to a court to give its opinion on a question of law formulated by the tribunal, together with any facts that the tribunal considers necessary for answering the question

statement of adjustments statement that outlines the various credits and debits against the purchase price and specifies the exact amount to be paid on closing

statement of claim a document prepared and filed by a plaintiff in a lawsuit that initiates the court action

statement of information and belief in a supporting affidavit on a motion, information that the deponent was told by another person or has read in a document that she did not write

statement of submission of rights to the court document that entitles a person who appears to have a financial interest in the estate to notice of any trial regarding the estate and a copy of the judgment

status certificate certificate from the condominium corporation that includes, among other things, financial information, directors and officers, and the declaration

statute law passed by Parliament or a provincial legislature; also called an "act"; often specifically provides for the authority to make regulations or to delegate this power; distinguished from subordinate legislation; see also statute law

statute citator a publication that lists all the provisions of a statute and for each provision, sets out amendments that have been made, and sometimes court decisions that have interpreted the provisions; also called a citator

statute law laws passed by legislatures

statute-barred to be prevented by the terms of a statute from commencing an action to assert your legal rights

statutory declaration (corporate law) a sworn declaration (like an affidavit) made by an applicant for incorporation of a federal NPO

statutory interpretation the process of interpreting laws passed by elected assemblies, whether those laws are statutes, regulations, or municipal bylaws; also known as "statutory construction"

Statutory Powers Procedure Act the Ontario statute that sets out the basic procedural rules for all tribunals

stay an order issued by a tribunal or court suspending the decision that is being challenged until the challenge has been decided or abandoned

stay of enforcement stopping enforcement by creditors against a debtor for so long as the debtor complies with the terms of a court order

stay of proceedings the temporary or permanent suspension of proceedings before a court or tribunal by order of that court or tribunal or of a higher court

stay of removal usually refers to a decision by a member of the Immigration Appeal Division where the member decides not to continue with an appeal against a removal order; the appellant is allowed to remain in Canada but must abide by certain conditions imposed by the member; if there is no breach of the conditions within the ordered period of time, the appeal is allowed, the removal order quashed, and the person permitted to remain in Canada; however, proceedings could be resumed at some future time if conditions are breached

stayed temporarily stopped or suspended

stock power of attorney special kind of power of attorney in which the estate trustee is the grantor and the attorney is the transfer agent or an employee of the transfer agent

stock transfer power of attorney document granting power of attorney to an individual for the specific purpose of transferring shares

strict construction means that the language of a rule is read and applied using its exact, technical meaning; also known as "narrow construction"

strict liability liability that is imposed even though no negligence or intentional tort occurred

strict liability offence an offence for which the prosecution must prove that the defendant committed the illegal act; the defendant then has an opportunity to prove reasonableness or due diligence

strike a refusal to work by a group of unionized employees following the expiry of a collective agreement or a failure to reach a first collective agreement, typically while the employer and union are attempting to negotiate a new collective agreement

stub period the period of time between the employee's hiring date or the anniversary of the hiring date and the start of the employee's alternative vacation entitlement year

subdelegation in relation to a power or authority that a statute has delegated to a particular person, the act of delegating that power or authority to another person

subdivision agreement agreement between a municipality and a builder setting out the terms under which the builder is allowed to subdivide the land

subdivision control government control over the division of land into smaller parcels

sublet arrangement whereby a tenant moves out of a rental unit for a period of time and allows another person to reside in the unit until the tenant returns at a specified future date

submissions an explanation of the facts and law, designed to persuade the judge to grant the order asked for by a party; see arguments

subordinate legislation legislation made by a body other than Parliament or a provincial legislature (such as Cabinet, a Cabinet minister, an agency, or a municipal council), as authorized by statute; generally includes regulations, proclamations, rules, orders, bylaws, or other instruments; also called "delegated legislation"; distinguished from statutes

subordination agreement an agreement between two creditors of the same borrower whereby the creditor that holds the senior debt agrees to subordinate its interest in favour of the second creditor

subpoena formal, legal document requiring a witness to appear at a hearing in a criminal case

subsearch a brief examination of title records to update an earlier search

substantial indemnity costs scale usually used as a punitive costs award that results in near indemnity for the winner on a dollar-for-dollar basis

substantial performance performance of contractual obligations that does not entirely meet the terms of the contract but nevertheless confers a benefit on a party

substantive criminal law also called "offences," the crimes themselves

substantive law law that is concerned with the substance of a problem or the legal issue that the law is designed to address; for example, the provisions of the Criminal Code setting out the elements of the offence of theft; distinguished from procedural law

substantive law legal rights and obligations

substituted service service using a method ordered by the court in circumstances when the usual methods of service provided by the court rules are not effective

successful party the party who succeeds, or wins, at trial; it may be the plaintiff or the defendant

such terms as are just the court looks at the conduct of the parties, the legal issues, and the potential prejudice to the parties as a result of a particular court order, and imposes conditions and/or awards costs accordingly

summary conviction offence a less serious offence that is tried using a simplified set of rules of procedure

summary dismissal dismissal without notice, usually based on just cause

summary proceedings proceedings designed to be conducted quickly and with reduced formality

summons a document issued to a defendant or other party requiring attendance in court or before a tribunal

summons to witness a document compelling the attendance at trial of a person whose evidence is material to the conduct of an action; sometimes called a "subpoena"

sums certain specific bequests; amounts that do not depend on the decisions made by the estate trustee in administering the estate

sunset clause a clause that requires removal of disciplinary notices from an employee's personnel file after passage of a prescribed period of time, provided that there are no further infractions

Super Visa a document that allows the foreign national to re-enter Canada for up to two years without the need to renew her visa

superintendent of bankruptcy a government official in Ottawa who supervises and oversees the administration of the Bankruptcy and Insolvency Act

Superior Court of Justice the highest trial court in Ontario in which individual judges decide important civil cases and serious crimes

supplementary unemployment benefits plan (SUB plan) a plan in which the employer makes an additional payment to a worker who is collecting employment insurance benefits; plan benefits are not deducted from employment insurance benefits if they are registered with Canada Revenue Agency and are for the purposes of and according to the limits set out by the agency

support creditor a person to whom child or spousal support is owed by a debtor

support deduction order an order made under the Family Responsibility and Support Arrears Enforcement Act, 1996, which allows the Family Responsibility Office to arrange for support payments to be deducted automatically from the payor's income sources

surety a person who agrees to be responsible for the defendant's appearance in court

surface bargaining going through the motions of meeting with the other party but with no real attempt to reach an agreement

surrebuttal presentation of further evidence in response to an issue raised in rebuttal; also called "surreply"; see also reply evidence

sweetheart deal a contract in which the union leaders engage in collusion with the employer and sacrifice the workers' interest in exchange for payoffs from the employer

symmetric cryptosystem a form of electronic signature that uses an alphanumeric code known to both sender and recipient that allows the recipient to verify who the sender is

sympathetic witness a witness who gives evidence that supports your cause

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taking a view a site visit by the adjudicator and other participants in a proceeding for the purpose of examining immovable evidence that is central to the matter in dispute

taking of accounts a court may order that there be a taking of accounts where an issue involving complex financial transactions needs to be examined in some detail in a less formal process than a trial; accounts may be taken before a judge or other judicial officers, usually masters of the Superior Court; the process is similar to that used in a reference

tandem parking space a parking space immediately in front of or behind another parking space

taxable Canadian corporation a Canadian corporation (that is, a corporation either incorporated in Canada or resident in Canada continuously since June 18, 1971) that is not exempt from tax under the Income Tax Act (Canada)

technological change introduction of new machinery and equipment that changes the way in which work is done at a workplace

temporary resident a person who has permission to remain in Canada on a temporary basis (the main categories are students, temporary workers, and visitors)

temporary resident permit (TRP) a permit for temporary residence issued at the discretion of an officer to a foreign national who is inadmissible or does not meet the requirements of the IRPA; for example, a TRP may be issued to a foreign national for medical treatment in Canada in certain circumstances

temporary resident visa (TRV) a document authorizing a person to board an airplane or ship to travel to Canada

tenancy agreement an agreement in which a property or part of a property is rented by a landlord to a tenant

tenants in common two or more people owning property where, on the death of one, the deceased person's share passes to his or her heirs rather than the other owners; no right of survivorship

tender presentation of executed copies of all closing documents or funds to the other party in a real estate transaction

tender of performance offering to perform that which the contracted party is obligated to perform under a contract

Teraview software used to access the electronic land registration system in Ontario

term (contract law) a provision of a contract; terms are either conditions or warranties

term (corporate law) when applied to the election of directors, the period of time for which the director is elected to act as a director

term (loans) period of time within which the chargor has agreed to repay the loan in full

terminal loss what can be deducted from income on the terminal T1 tax return if the undepreciated capital cost of the last asset in a class of depreciable capital assets is higher than its fair market value

termination for cause termination by the landlord on fault grounds

termination pay payment to an employee who has been terminated because of lack of work

terms of art words, phrases, or technical terms that have a fairly precise, specific legal meaning, often as a result of being interpreted and defined in previous court decisions

terrorist group as defined under s. 83.01 of the Criminal Code, "an entity that has as one of its purposes or activities facilitating or carrying out any terrorist activity ... and includes an association of such entities"

testamentary trust trust that is set up by the will of a testator and commences after the death of the testator, provided that the preconditions under which the trust is to be set up exist

testator person who makes a will (male)

testatrix person who makes a will (female)

testimonial evidence evidence provided by a person in the form of words

testimony oral evidence given by a witness

theme brief theory of a case (one or two sentences)

theory of the defence the defendant's grounds for disputing the plaintiff's claim

third party person who is not a party to an agreement or transaction, but who may have rights or obligations with respect to the agreement or transaction, or whose presence is necessary to enable the court to adjudicate effectively on the issues in the proceeding

third-party claim claim brought by a defendant in the main action against a person who is not already a party to the main action

tickler system a reminder system for deadlines

tier a court session over a specific period of time

title legal right to the ownership and possession of property; evidence showing such a right

title of proceedings part of the general heading that identifies the parties and their status in a lawsuit

title opinion lawyer's statement as to whether or not the purchaser has good title to the property

title requisition request made to the vendor (seller) to clear up a problem found during the search of title

to purge contempt when an order has been made by the court finding someone in contempt, the person may avoid punishment for contempt by doing what was required of him; this is referred to as purging his contempt — for example, a person who refuses to answer questions on an examination may purge his contempt by re-attending and answering the questions

tort a wrong causing an injury, other than a breach of contract, between private parties or between a party and the state for which recovery of damages is permitted by law

tort law a branch of civil law (non-criminal law) that governs wrongs for which a legal remedy is available independent of any contractual relationship

tortfeasor the person who commits a tort

tortious actionable in tort

torture the infliction of severe bodily pain, especially as a punishment or a means of interrogation or intimidation

trade union an association formed for the purpose of representing a group of employees in all aspects of their employment relationship with their employer

trademark a word, symbol, or design, or a combination of these, used to identify wares, goods, or services of one business and differentiate them from those of others

transcript written record of proceedings transcribed word for word

transfer document that transfers ownership of land

transferred intent intent to harm another party that results in harm to a third party

transit visa a document that allows travel through Canada to another country by anyone who would need a temporary resident visa to enter Canada and whose flight will stop here for less than 48 hours

transmission application application requesting the land registrar to amend the parcel register to show the owner of the property as the estate trustee or the estate

transnational corporation (TNC) a business that conducts its operations in more than one country; also called a multinational corporation

trial list list kept by the registrar in each courthouse of cases that are ready for trial

trial or hearing notebook notebook prepared and used by each party, containing all important information needed at the trial or hearing in a secure and organized format

trial record bound set of documents prepared by the party setting the action down for trial and containing the pleadings of all parties, any relevant orders, all notices, and certificates

tribunal a type of agency that is not a court but operates like a court in deciding disputes between individuals and/or companies, or between individuals or companies and the government, over statute-based rights, entitlements, and duties

trier of fact at trial, the trier of fact listens to the evidence, decides which evidence to believe and which evidence not to believe, and makes findings of fact based on those decisions; at a jury trial, the trier of fact is the jury, but where there is no jury, the trier of fact is the trial judge

trier of law person in a trial who controls the trial process, determines the admissibility of evidence, and instructs the trier of fact on the applicable law; in a jury trial, the judge

true copy copy of an original document that is like the original in every particular, including copies of alterations, signatures, and court file numbers

truing up making a handmade copy of a document at the court counter, usually by adding a seal and the registrar's signature inside quotation marks, by hand, to a photocopy of the original document

trust a legal entity created by a grantor for a beneficiary whereby the grantor transfers property to a trustee to manage for the benefit of the beneficiary

trustee a person who holds property in trust for, or for the benefit of, another person

trustee in bankruptcy an individual, usually an accountant, who is licensed to act as a trustee under the Bankruptcy and Insolvency Act and who is responsible for the administration and liquidation of the assets of a bankrupt

21-year deemed disposition rule of trusts rule that every 21 years a trust is deemed to have disposed of all of its capital property at fair market value

U

uberrimae fidei contracts a class of contracts where full disclosure is required because one party must rely on the power and authority of another, who must behave with utmost good faith and not take advantage of the weaker party

UFFI ureaformaldehyde foam insulation

ultimate issue opinion an opinion on the ultimate issue that is before the trier of fact; generally, witnesses are not permitted to give an ultimate issue opinion because the trier of fact could be swayed by it

ultra vires outside the jurisdiction of the government that passed it

unanimous shareholder agreement (USA) a written agreement among all of the shareholders of a corporation or among all of the shareholders and a person who is not a shareholder (for example, a director), or a declaration made by the sole beneficial shareholder, that restricts in whole or in part the powers of the directors to manage the business and affairs of the corporation

unanimous written resolution a resolution that is passed by all of the directors or members of an NPO

unascertained beneficiary person who does not yet exist but who becomes a beneficiary of a trust upon being born

unconscionable unreasonably harsh or unreasonably one-sided

unconstitutional in contravention of a constitution

uncontested adjournment moving a trial to a new date after a request by either the prosecution or the defence is agreed to by the other side

undefended action an action in which no statement of defence is delivered

undepreciated capital cost percentage of the value of a depreciable asset that has not yet been depreciated by a business

under seal bearing an impression made in wax or directly on paper, or affixed with a gummed paper wafer, to guarantee authenticity

undertaking a promise or agreement to do something

undue hardship difficulty exceeding that which an employer is required to endure when accommodating the needs of an individual or a protected group under the Human Rights Code; defined in the Ontario Human Rights Commission's policy as the point when accommodation would alter the essential nature of an enterprise, substantially affect the economic viability of an enterprise, or produce a substantial health and safety risk that outweighs the benefit of accommodating a group or individual worker

undue influence persuasion, pressure, or influence short of actual force that overpowers a weaker party's judgment and free will and imposes the will of the stronger party

unilateral mistake one party to a contract is mistaken about a fundamental element of the contract

unincorporated association association of persons formed to carry out a specific purpose (including a not-for-profit activity) and not formally incorporated

Unit Register register that shows ownership of each unit and any mortgages, liens, and leases relating to the unit

unity of legal personality a doctrine by which a husband and wife were considered to be one person in law

unjust enrichment doctrine principle that a person should not be permitted to inequitably gain a profit or benefit at the expense of another

unliquidated claim claim for an indefinite amount that must be valued by the court based on the evidence

unliquidated damages damages that cannot be fixed by a mathematical or measured calculation but require information from a source outside the contract

unnamed cases (immigration law) refugee sponsorship requests referred to the CIC Matching Centre, which attempts to find a suitable match for a would-be sponsor

unsecured credit a loan or extension of credit to a debtor where the debtor has not given the creditor a right to seize property belonging to the debtor to satisfy the debt when the debt remains unpaid

unsympathetic witness a witness who gives evidence that supports an opposing party's cause

urgent need of protection a term that describes, in respect of a member of the Convention refugees abroad class, the country of asylum class, or the source country class, a person whose life, liberty, or physical safety is under immediate threat and who, if not protected, is likely to be (a) killed; (b) subjected to violence, torture, sexual assault, or arbitrary imprisonment; or (c) returned to her country of nationality or former habitual residence (IRP Regulations, s. 138)

utilities heat, hydro, and water supplied to the rental unit

V

vacant possession free or empty of all people and chattels

vacate nullify, such as may occur to a refugee determination that was obtained fraudulently

vacated removed from title by registration of a court order that vacates or annuls the certificate of action

vacation pay a minimum of 4 percent of pay per year for workers

valuation date day before the date of death or the date on which the spouses separated with no reasonable prospect of reconciliation

variable interest rate rate of interest that fluctuates with changing market conditions during the term of the loan

vary a court order to change the terms of a court order

vendor seller of a property

vendor take-back charge charge created when the vendor of a property agrees to lend the purchaser money toward the purchase price and the purchaser gives the vendor a charge on the property as security for the loan

vendor take-back financing a financing arrangement between the vendor and the purchaser whereby the vendor agrees to defer the payment of a portion of the purchase price until a later time; typically have a three- to five-year term; otherwise, terms vary as determined by the two parties

venue the place where a trial is held

verdict the decision or ruling of the justice

vertical short-form amalgamation an amalgamation of a corporation and one or more of its wholly owned subsidiaries, requiring approval by resolution of the directors of each corporation but not the approval of shareholders

vertical unions unions that organize workers in a particular industry or who work for a large employer, regardless of their skill level or occupation; also called industrial unions

vest to provide an immediate right to present or future ownership or possession

vested settled upon

Vetrovec warning a warning to the jury given where the judge determines that the evidence of a particular witness is called into question and requires special scrutiny; the jurors are cautioned that they may accept the evidence without corroboration but it is dangerous to do so without independent confirmation of material parts of that evidence

vicarious admission an admission made by an authorized speaker for a party

vicarious liability the liability of a principal (often an employer) for the negligent or tortious acts of the principal's agent (often an employee) done within the scope of the agent's authority or employment

vicarious performance the performance of obligations under a contract by a third party in circumstances in which the original party remains responsible for proper performance

vicarious responsibility a principle that can lead to immigration professionals being held personally responsible for the actions of agents or employees

victim fine surcharge a fee added to a court-imposed penalty that is then transferred to a special fund to assist victims of crime

view relocation of the court to the site of the alleged offence; a judge may order a view when the evidence is too large to bring into the courtroom or when there is a valid reason for the trier of fact to see the site

visa a document that permits the holder to enter Canada for a specific purpose either temporarily or permanently

visa officers officers who work abroad processing immigration applications

visitor visa a temporary resident visa issued under the visitor class

visitor's record a record of information documented by a port-of-entry officer, stapled to the holder's passport; additional information may be kept on computer and referenced in the visitor's record

vital services fuel oil, electricity, gas, hot water, cold water, and heat between Sept 1 and June 15

viva voce evidence oral evidence

void ab initio invalid from the beginning; no rights can arise under a contract that is void ab initio

void contract a contract that does not exist at law because one or more essential elements of the contract are lacking; an unenforceable contract

voidable may be declared void but is otherwise not void

voidable contract a contract that may be avoided or declared void at the option of one party to the contract; once it is declared invalid no further rights can be obtained under it, but benefits obtained before the declaration are not forfeit

voir dire a mini trial, or trial within a trial, that is designed to determine the admissibility of evidence in the absence of the trier of fact

volenti non fit injuria (Latin) "no harm is done to someone who is willing"; a true defence that negates the defendant's liability based on the plaintiff's understanding and acceptance of the risks

voluntary assumption of risk a common-law defence in which it is asserted that the plaintiff voluntarily assumed the risk of injury

voluntary recognition management may agree to accept a union in the workplace without requiring the union to get a certificate from the labour board; this is legitimate if the union has membership support, but it is not legitimate if management is simply trying to avoid a more militant union

voluntary repatriation in the context of refugee law, the return of a refugee to her country of origin, of her own free will, once conditions have become safe

voucher acknowledgment of receipt of payment

vulnerable a term describing Convention refugees or persons in similar circumstances who have a greater need of protection than other applicants for protection abroad because their particular circumstances give rise to a heightened risk to their physical safety (s. 138 of the IRP Regulations)

W-X-Y-Z

waive to give up a certain legal or other right, usually in the expectation of some benefit

waive arraignment a legal representative tells the court clerk that it is not necessary to read the charges

waive the default a decision by a lender or creditor not to insist upon strict compliance by a debtor with the terms for payment of a debt or other obligation

waiver (1) a voluntary agreement to relinquish a right, such as a right under a contract; (2) a form of express written consent

waiving the excess in a plaintiff's claim or defendant's claim, giving up the right to claim any money owing above $25,000 (exclusive of interest and costs), in order to bring the matter within Small Claims Court monetary jurisdiction [Note: $25,000 as of January 1, 2010; previously $10,000]

Wallace damages an award in a wrongful dismissal action for damages suffered by the employee as a result of the employer's bad-faith conduct in the manner of dismissal

war crime an act or omission committed during an armed conflict

warrant a certificate or other document issued by a corporation as evidence of conversion privileges or options or rights to acquire securities of the corporation

warranty a minor term of a contract, the breach of which does not defeat the contract's purpose

weight the extent or degree to which evidence is reliable in deciding the issues before a court or tribunal

well-founded fear one of the four inclusion elements of the definition of a Convention refugee, assessed by the Refugee Protection Division in a refugee claim; the RPD member assesses whether a well-founded fear of persecution exists

whiteprint copy of the plan of survey of a plan of subdivision that shows the dimensions of individual building lots

Wigmore test four criteria for assessing case-by-case claims of privilege

wildcat strike an unauthorized or illegal strike

wilful intentional or deliberate

will document that sets out a person's wishes and directions with respect to the disposal of his or her property after death

with prejudice a phrase used in connection with attempts to settle; when it is used (usually at the start of a letter), it signifies that the writer intends to make an offer that he is prepared to disclose to the court during the trial; such disclosure indicates that the party does not fear that disclosure will prejudice his case; rather the idea is that it will enhance his case by showing him to be reasonable, and otherwise presenting him in a favourable light

withdrawal refers to an appeal that may be withdrawn by the appellant if she concedes to the minister's position

withdrawn a decision by the prosecution to remove the charges against the defendant

withholding to hold back from doing or taking an action

without child support formula the formula used to calculate spousal support under the Spousal Support Advisory Guidelines if there are no dependent children and, therefore, no child support obligations

without prejudice term used, usually in correspondence, to indicate that an offer or admission cannot be used against its maker, admitted in evidence, or disclosed to the court

witness has first-hand knowledge about the matter being prosecuted

witness panel a format used in a proceeding to permit simultaneous examination and cross-examination of two or more witnesses

witness statement a written statement provided by a party to other parties or to a court or tribunal, or both, setting out the expected evidence of a person the party expects to call as a witness; also known informally as a "will say"

Women at Risk Program a program to resettle women who are members of the Convention refugees abroad class or humanitarian-protected persons abroad class

wood-shedded prepared for later cross-examination by opposing lawyer

workplace hazardous materials information system (WHMIS) a national information system designed to provide workers and employers with essential information about hazardous materials in the workplace

writ of execution judicial order addressed to the sheriff requiring the enforcement of a judgment

writ of possession court order giving the chargee the right to take possession of the property

writ of seizure and sale also called a writ of execution; allows the sheriff to seize and sell goods or land belonging to the judgment debtor and apply the proceeds to the judgment creditor's claim

written hearing a hearing conducted through the exchange of written evidence and arguments

wrongful dismissal dismissal without just cause wherein an employer breaches its common-law duty to provide reasonable notice of termination to an employee

zoning classification of permitted land use that includes categories such as residential, commercial, industrial, and agricultural

zoning bylaws bylaws enacted by a municipality to regulate the use of land