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. Obligee entity to which an administration bond of indemnity is owed (the court). Special damages monetary damages that are specific, ascertainable, and measured on an objective basis; sometimes referred to as out-of-pocket expenses. For example, a child has a learning disability. Best evidence rule a largely outdated rule that the original document must be presented in evidence if it is available. What word means related to hearing. A bona fide reasonable justification (BFRJ) is a defence under the Human Rights Code.
Read about legal arrangements for incapacity. 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. Admitted means given, presented, or entered in the court hearing. Exclusion order type of removal order that includes a one-year or two-year ban from re-entering Canada. 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). At the Hearing: What is hearsay. Sine die adjournment adjournment for an indefinite period. An ADR process where the decision on the legal dispute is made other than by a court. 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. Giving a citizen of one country citizenship of another. Discipline Agency - A state agency responsible for investigating complaints about lawyers. Temporary resident a person who has permission to remain in Canada on a temporary basis (the main categories are students, temporary workers, and visitors).
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. Domain name an address for individuals and businesses on the World Wide Web. 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. Word following legal or healing iraq. 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. Also the judgment given. Judgment - Decision of a court.
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. 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. Opinion - A judge's written explanation of a decision of the court or of a majority of judges. Warranty a minor term of a contract, the breach of which does not defeat the contract's purpose. 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. It means working at a job. The employer must change the job or take other steps to allow the person to do their job, unless this would cause the employer too much hardship. Definition of legal hearing. Read into a court's adding by implication language into legislation in order to make it comply with Charter provisions. This will depend on how much the employer controls the contractor's work and how much the contractor depends on the employer for work. A legal device where assets are held by a trustee on behalf of other persons (beneficiaries). 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.
Technically, the gift (bequest) can be any item other than land and buildings. 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. "Bona fide" means honest and sincere. What is said cannot be used against you. 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). 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. Long-form amalgamation an amalgamation of two or more corporations, requiring an amalgamation agreement to be approved by special resolution of the shareholders. 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. 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. Cause in fact the factual link between one person's actions and another person's harm. Pure economic loss the loss of money unrelated to injuries or to damage to goods or real property. Set aside to declare a court order or procedural step of no force and effect. 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.
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. Right of physical chastisement the right of a husband to use physical force to discipline his wife. Closed question see leading question. Inadmissibility hearing adversarial hearing to determine whether or not an applicant is inadmissible.
Void contract a contract that does not exist at law because one or more essential elements of the contract are lacking; an unenforceable contract. It is forbidden by the Fifth Amendment to the United States Constitution. 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. Congress, and are a function of legislative committees. 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. A person or organization must try to treat people equally. Mutual mistake both parties to a contract are mistaken but each makes a different mistake. The building has no elevator. They encompass a wide range of issues relevant to law, government, society, and public policy. Collective bargaining. 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. Probation order a court order that places conditions on a defendant after conviction, often to control the defendant's movements and require certain action. Attorney person authorized to act pursuant to a power of attorney. 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.
Citizenship the full political and civil rights in the body politic of the state. Joint will rare form of will that is signed by two persons with respect to the disposal of their property after death. Arraignment the formal reading of the charges to the defendant or the defendant's representative in anticipation of a plea. 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. You might need help from a lawyer. 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. 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. 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. For example, you can ask the tribunal to move a hearing to a new date.
Contingent liability a liability that is not fixed and absolute but will become fixed and absolute when a specified event occurs. Pre-judgment interest interest on the amount awarded calculated from the date the cause of action arose to the date of judgment. 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. 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. Mitigate to take steps to minimize or reduce the damages one will suffer as a result of another's breach of contract. 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. Sole proprietorship the carrying on of business for profit by an individual without other owners.
The magistrate should examine with care all the witnesses for the prosecution, or so many of them as will satisfy his mind that there is sufficient ground to believe the prisoner guilty, and that the case ought to be examined in court and the prisoner ought to be tried. 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. Strict liability liability that is imposed even though no negligence or intentional tort occurred. In other words, if the witness wants to show that this is how he greeted her. Surety a person who agrees to be responsible for the defendant's appearance in court.
First charge charge registered first and thus taking priority over subsequently registered charges. Requisition on conveyance requisition that requires the vendor to produce an effective conveyance, assuming that the vendor has the ability to do so. A person who controls the contents and use of personal data. Bona fide purchaser for value purchaser of property who gives valuable consideration for the property and is acting in good faith. 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. 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.
Right of way right to use a portion of another's land for access purposes. 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. Joint partner trust essentially, alter ego trusts for spouses. Compensatory claim a claim for spousal support based on the recipient spouse's economic loss or disadvantage because of the marriage. Vested settled upon.
keepcovidfree.net, 2024