At The Hearing: What Is Hearsay

Exhibit list list setting out the number and a brief description of each exhibit as it is entered into evidence. 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. Contingency fee fee payable to a lawyer only if he or she wins the case for a client.

Offer a promise to do something or give something of value to another person; if the other accepts the offer, a binding contract exists. Persecution sustained and systematic violation of basic human rights. Some words and phrases are explained here. Judgment - Decision of a court. For example, a person refuses to rent a house to someone because they receive income assistance. What is a hearing legal. 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.

Affidavits and statutory declarations can be made before a commissioner for oaths. Writ of certiorari - An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal. "Without prejudice" means that a person's rights cannot be harmed. Justice of the peace a magistrate who presides over proceedings in provincial offences court. 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. Because of their controversial nature, they often are covered extensively by the media. 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. At the Hearing: What is hearsay. Advanced given or provided. Bereavement leave permission not to come in to work in order to take part in activities related to the funeral of a relative. For instance, a corporation's board member has a fiduciary duty to the shareholders, a trustee has a fiduciary duty to the trust's beneficiaries. 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. 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. A law made by a local authority.

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). Legal fees fees charged by a lawyer or paralegal for legal representation and advice. Conventions ways of doing something that have been accepted for so long that they amount to unwritten rules. Living will - Also known as a medical directive or advance directive. For example: You get legal advice from a lawyer. Word following legal or heating system. 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. Theme brief theory of a case (one or two sentences). 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. 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. 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. 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. Codification the collection of the principles of a system or subject of law into a single statute or set of statutes. Reply - The response by a party to charges raised in a pleading by the other party.

Removal order an order issued either after an examination or at an admissibility hearing instructing the person to leave Canada. 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. Coined word a word that has been created and is unrelated to any other word. Word following legal or hearing aid. Nullity nothing; something that has no legal force or effect. Final accounting accounting after which the estate trustee can wind up the estate. Utilities heat, hydro, and water supplied to the rental unit. Contract an agreement made between two or more parties or a party and the state that the law recognizes and will enforce.

Conciliation - A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps lower tensions, improve communications, and explore possible solutions. The General Data Protection Regulation. 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. Charge taken back another name for vendor take back charge. 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. Residence in Canada a requirement for citizenship. 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. Estate trustee with a will person chosen by testator or testatrix to oversee the administration of his or her estate. The tribunal can only deal with complaints in the areas under the Human Rights Code. There are different kinds of orders. Privity of contract a rule that only parties to a contract can enforce contract rights. 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.

Endorsement judge's handwritten order or judgment from which a successful party is expected to prepare a formal draft of the order or judgment. 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. UFFI ureaformaldehyde foam insulation. Per stirpes form of distribution to surviving descendants of a predeceased beneficiary whereby the original gift flows downward by representation. 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. 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. Absolute liability liability that is imposed automatically (usually under a statute) when certain conditions are met, without reference to negligence or intent. Special shares shares that have rights, privileges, restrictions, and conditions that do not apply to common shares. Mandatory required; where an action is mandatory, the court must do something if certain preconditions exist; the court has no choice. An order requiring a person to attend court at a named time. Relevant fact a fact that logically supports a proposition. It most commonly happens when a union is negotiating with an employer. Surety a person who agrees to be responsible for the defendant's appearance in court.

Easement implied by law creation of an easement when the only way to gain access to a property is by crossing over another property. 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]. Seasonal Agricultural Worker Program (SAWP) a program that allows the entry of foreign nationals to work in the agricultural sector in Canada. Chancery, T. 1, 2, 3. After the hearing, the tribunal member gives their reasons for the decision. Right of first refusal (to rent) a right to be allowed to rent before the renovated unit is offered to other prospective tenants. Legislature in Canada, the body of elected representatives constituting the legislative branch of the federal or a provincial government; see also Legislative Assembly, Parliament.

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. Power of attorney a document authorizing an individual to act on another person's behalf in a legal or business matter. Common mistake both parties to a contract are mistaken and make the same mistake. 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. For example, the tribunal might defer a complaint until a grievance is finished. Balance due on closing exact amount the purchaser pays to the vendor when the real estate deal closes. Inadmissibility hearing adversarial hearing to determine whether or not an applicant is inadmissible. Will - A legal declaration that disposes of a person's property when that person dies. 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. 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.

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. Progressive discipline discipline that is imposed in a series of increasing steps. 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. Summary judgment - When a court gives its judgment that there is no dispute as to the facts of the case and one party is entitled to a judgment as a matter of law. Unilateral mistake one party to a contract is mistaken about a fundamental element of the contract.

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". Permanent umpires neutral arbitrators (or arbitrator) named by the parties to hear all arbitrations during the life of a collective agreement. 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. POLARIS Province of Ontario Land Registration Information System; computerized land information system. Advocacy process of presenting a position, viewpoint, case, or defence.

Sat, 06 Jul 2024 01:55:50 +0000