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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. Transferred intent intent to harm another party that results in harm to a third party. Access the right to visit with the child and to obtain information regarding the child's health, education, and welfare. 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. Whiteprint copy of the plan of survey of a plan of subdivision that shows the dimensions of individual building lots. 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. At the Hearing: What is hearsay. It is forbidden by the Fifth Amendment to the United States Constitution. 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. Merits of the case the legal principles upon which a party's assertion of rights is based. 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. Pre-population electronic process of copying information from a database into a document. 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. 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. A person can discriminate even if they do not mean to.

Admissible evidence evidence that may be considered by the trier of fact because it meets the tests of relevance, reliability, necessity, and fairness. Encumbrancer the person holding a lien or security interest. General account a bank account used to pay for ongoing business expenses, such as salaries, rent, client disbursements that have not been billed, etc.

Which Of The Following Defines Hearing

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. For instance, local authorities often make bye laws in relation to traffic and parking. A Latin term meaning "null prosecution". 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. 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. Resettlement Assistance Program (RAP) program that provides financial and immediate essential services to government-assisted refugees. Bargaining carried out on behalf of a number of persons. 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. S. Word following legal or healing arts. s. 44(1) report see inadmissibility report. A legal device where assets are held by a trustee on behalf of other persons (beneficiaries). Representative a professional (for example, a lawyer or a paralegal) who is authorized to represent a defendant in a proceeding; see advocate.

Final order order that resolves all the outstanding issues between the parties. 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. Venue the place where a trial is held. 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. Statement of claim a document prepared and filed by a plaintiff in a lawsuit that initiates the court action. Which of the following defines hearing. 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. Where a witness co-signs a document. Harass a witness engage in conduct that is coercive or threatening toward a witness at any stage of a proceeding.

A complainant is a person who makes a complaint to the BC Human Rights Tribunal. These hearings are conducted by a civil servant called a Hearing Examiner at the state level and known as an administrative law judge at the federal level. Bar-sponsored arbitration programs may also be a free or affordable way to work through a dispute with a lawyer. 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. 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. 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. Counsel - A legal adviser; a term used to refer to lawyers in a case. Trial list list kept by the registrar in each courthouse of cases that are ready for trial. Reporting letter letter signed by the lawyer, outlining what was done in the transaction. Information kit a resource published by Corporations Canada that sets out the requirements, procedures, and precedents for incorporating in the federal jurisdiction. Court administration staff work within the courthouse providing information and performing various administrative duties. Subsearch a brief examination of title records to update an earlier search. What word means related to hearing. Present memory revived process whereby the witness revives actual memories and details of an incident; cf. Donor one who makes a gift.

Litigant a party to a civil action; someone engaged in civil litigation. Certificate of offence a certificate of a violation prepared by an officer under Part I of the POA. Material inducement a statement made before a contract is struck that influences a party to enter into the contract. 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.

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. Bona fide in good faith. For the truth of the matter asserted means that the evidence or testimony is being presented to the court as proof of the fact contained in the statement. Justice of the peace a magistrate who presides over proceedings in provincial offences court. Summary conviction offence a less serious offence that is tried using a simplified set of rules of procedure. Law Society of Upper Canada (LSUC) professional body governing the activities of lawyers in Ontario. Chargor borrower and owner. Charge or mortgage of land an interest in land to which a borrower holds title given to a lender as security for a loan.

Express consent also known as explicit consent, written authorization from your client to disclose particular information to specified third parties. Self-defence justifiable self-protection when a person reasonably perceives a threat and responds in a reasonable manner. Exclusive use common elements areas of the condominium development owned by all unit owners but for use only by designated unit owners. A lay litigant is a litigant who is not represented by a lawyer.

Intellectual property legal rights that result from intellectual activity in the industrial, scientific, literary, and artistic fields. Judicial officer exercising some of the functions of a judge. Slander of goods false or misleading statements intended to decrease a competitor's market share. 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. Preliminary hearings, also called preliminary examinations, are conducted when a person has been charged with a crime. 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. 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. Substantive criminal law also called "offences, " the crimes themselves. Requisition going to the root of title requisition based on a defect that calls into question the legal enforceability/validity of the title. Frustration of contract where a contract becomes impossible to perform through the fault of neither party. Director (corporate law) the director appointed under s. 260 of the CBCA or under s. 278 of the OBCA, as the case may be. 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.

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. A temporary injunction applying until the end of the full trial. Anticipatory breach an express repudiation that occurs before the time of performance of a contract. 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. Reference judicial proceeding used when it is necessary to delve into an issue in detail before a decision can be reached. 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. Past recollection recorded process whereby the witness recalls the words he or she made in a statement but not the incident itself. 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. 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. Defence of due diligence the defendant must show that he or she took all reasonable steps to avoid committing the act in question. This might not be hearsay if it is admitted just to show that someone said those words to the witness when they met. Subdivision agreement agreement between a municipality and a builder setting out the terms under which the builder is allowed to subdivide the land. 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.

Impacted costs an expense to the employer that is not directly increased in bargaining but will increase because of other provisions negotiated in bargaining. Because of their controversial nature, they often are covered extensively by the media. Perfecting an appeal taking all the necessary procedural steps to ensure that an appeal is ready to be heard. Institutional delay the amount of time it takes for a matter to get to trial, minus any delay that was caused by the defendant. Community sponsor organizations, associations, and corporations that sponsor refugees.