Looking for a divorce law dictionary? Read this first: The only person whose opinion matters is the judge. Your lawyers opinion in important because they have a better understanding of family law than the average person on the street. What you shouldn’t give any value to is these following legal definitions:

A TermsB TermsC TermsD Terms – E Terms – F Terms – G Terms – H Terms – I Terms – J Terms – K Terms – L Terms – M Terms

Family and Divorce Law Terms Beginning With A

Accused: In Canadian law, the term “accused” refers to an individual who has been charged with a criminal offence. It is important to note that being accused of a crime does not automatically mean that the individual is guilty. In fact, everyone is considered innocent until proven guilty in the eyes of the law. The accused has the right to defend themselves against the charges and is entitled to a fair trial. This includes the right to legal representation and the right to remain silent. The burden of proof lies on the prosecution to prove beyond a reasonable doubt that the accused is guilty of the offence they have been charged with. The consequences of being found guilty can be severe, which is why it is essential that the accused receives a fair trial and has the opportunity to defend themselves.


Acquittal: Acquittal is a legal term that refers to the verdict of a criminal trial where the accused is found not guilty of the charges brought against them. In Canadian law, an acquittal is a formal declaration of innocence, which means that the defendant is cleared of all charges and is free to go. This verdict is reached when the prosecution fails to prove the guilt of the accused beyond a reasonable doubt. It is important to note that an acquittal does not mean that the accused is proven innocent, but rather that the prosecution was unable to prove their guilt. Acquittals are a fundamental aspect of the Canadian justice system, and they serve to protect the rights of the accused and ensure that justice is served fairly and impartially.


Action: In legal terminology, an action refers to a formal legal proceeding in which a person or entity seeks to enforce a right, claim, or redress a wrong. Essentially, it’s a way for individuals to assert their legal rights and obtain legal remedies. Actions can be initiated in various courts or tribunals, depending on the nature and complexity of the case. These proceedings can range from civil lawsuits to criminal prosecutions, and the outcome can have significant consequences for all parties involved. In order to successfully navigate the legal system, it’s essential to have a thorough understanding of the actions available and the procedures involved. So if you’re looking to take legal action, make sure you have a competent attorney by your side to guide you through the process.


Ad Hoc: In Canadian law, the term “ad hoc” is commonly used to refer to a decision-making process that is made on a case-by-case basis. This means that the decision is not based on any pre-existing rules or regulations, but rather on the specific circumstances of the case. Ad hoc decisions are often made in situations where there is no clear precedent or where existing rules do not provide a satisfactory solution. In such cases, judges or other decision-makers may use their discretion to make a decision that is fair and just under the circumstances. While ad hoc decisions can be useful in certain situations, they can also be controversial, as they may be seen as arbitrary or inconsistent with established legal principles. As such, they are often subject to review by higher courts to ensure that they are in line with the law.


Adjournment: Before we dive into the nitty-gritty of what adjournment means in Canadian law, let’s take a minute to appreciate the beauty of this word. Adjournment – it’s both elegant and commanding. Just saying it out loud makes you feel like you’re in charge. But what does it actually mean? Well, in Canadian law, adjournment refers to the temporary suspension of legal proceedings. Basically, it’s like hitting pause on a court case. This can happen for a number of reasons, such as needing more time to prepare evidence or waiting for a key witness to become available. While adjournments can be frustrating for those involved in the case, they are an important tool for ensuring that justice is served fairly and efficiently. So, the next time you hear the word adjournment, feel free to bask in its linguistic glory – and know that it’s just another part of the Canadian legal system doing its thing.


Adjudication: Adjudication in Canadian law refers to the process of settling a dispute or reaching a decision in a legal case. It is a formal process that involves a neutral third party, such as a judge or arbitrator, who reviews the evidence presented by both parties and makes a final decision. Adjudication is an essential part of the legal system in Canada, as it helps to ensure that disputes are resolved fairly and impartially. Whether it’s a criminal case, a civil lawsuit, or a dispute over a contract, adjudication provides a means for resolving conflicts and ensuring that justice is served. So, next time you hear the word “adjudication” in the Canadian legal context, rest assured that it’s a crucial mechanism of the legal system that helps to uphold the rule of law.


Adjudicator: In Canadian law, an adjudicator is a neutral third-party who is appointed to resolve a dispute between two or more parties. It’s like a referee in a sports game, except instead of blowing a whistle, they make a decision based on the evidence presented to them. Adjudicators can be appointed by a variety of different organizations, including government agencies, tribunals, and courts. They have the power to make binding decisions, which means that both parties must abide by the outcome. Adjudicators must be impartial and unbiased, and they are expected to apply the law fairly and consistently. They play an important role in the Canadian legal system, helping to resolve disputes quickly and efficiently.


Administration of Estates: In Canadian Law, Administration of Estates refers to the legal process of managing and distributing a deceased person’s assets and liabilities. This typically involves the appointment of an executor, who is responsible for carrying out the deceased’s wishes as outlined in their will or, in the absence of a valid will, in accordance with the laws of intestacy. The executor’s duties may include identifying and valuing assets, paying off debts and taxes, and distributing the remaining property to beneficiaries. This process can be complex and time-consuming, and it’s important to seek the guidance of a knowledgeable lawyer to ensure that everything is done correctly. So, if you’re dealing with the administration of an estate in Canada, don’t hesitate to reach out for help.


Administrator: In Canadian law, the term “Administrator” refers to a person who is appointed by a court to manage the estate of someone who has passed away without leaving a will. Essentially, an Administrator is responsible for ensuring that the deceased person’s assets are distributed in accordance with the law. This can include everything from selling property to paying off debts to distributing assets to heirs. The role of an Administrator is a serious one, as they are responsible for carrying out the wishes of the deceased person to the best of their ability. It’s important that anyone appointed as an Administrator understands the legal responsibilities that come with the role and takes their duties seriously.


Advocate: In Canadian law, an advocate is a legal professional who represents clients in court proceedings. They are also known as barristers, as opposed to solicitors who handle more administrative tasks. Advocates are highly skilled legal professionals who have undergone extensive training and education to become experts in their field. They are responsible for presenting arguments and evidence on behalf of their clients in court, and are skilled in cross-examination and legal research. Advocates work closely with their clients to understand their case, and use their knowledge of the law to provide the best possible defense or representation. In short, advocates are the legal warriors who fight for justice in the Canadian courts.


Affidavit: In Canadian law, an affidavit is a written statement of facts that is sworn or affirmed to be true by the person making it. This legal document is used as evidence in court proceedings and can be submitted in place of oral testimony. Affidavits are often used in civil cases, such as in family law matters, personal injury claims, and contract disputes. They can also be used in criminal cases to provide evidence in support of a search warrant or to establish probable cause. Overall, affidavits play a crucial role in the Canadian legal system and are a powerful tool for presenting evidence in court.


Affidavit of Records: In Canadian Law, an Affidavit of Records is a legal document that contains a comprehensive list of all the relevant documents in a particular case. This document is usually prepared by one of the parties involved in the litigation and presented to the court as evidence. The Affidavit of Records can include anything from emails and memos to financial statements and contracts, depending on the nature of the case. It is an essential tool in any legal proceeding as it helps the parties involved to identify and organize the relevant documents, reducing the time and cost associated with litigation. So, if you’re ever involved in a legal battle in Canada, make sure you’re familiar with the Affidavit of Records!


Allegation: In Canadian law, an allegation refers to a claim or assertion made against someone, which is yet to be proven. It’s like a formal accusation made against a person or entity, which requires an investigation or legal proceedings to determine its validity. Allegations can be made in any legal matter, including criminal trials, civil lawsuits, or administrative hearings. It’s important to note that an allegation does not necessarily mean that the accused person is guilty, and everyone is presumed innocent until proven otherwise in Canada. However, allegations can have serious consequences, both for the accused and the accuser. Therefore, it’s crucial to handle them with care and to follow the proper legal procedures to ensure that justice is served.


Appeal: In Canadian law, the term “appeal” refers to the process of seeking a higher court’s review of a lower court’s decision. This can happen in both criminal and civil cases. The appealing party, known as the appellant, seeks to have the higher court overturn or modify the decision of the lower court, known as the respondent. The appeal process is complex and can take considerable time and resources, but it is an important avenue for ensuring that justice is served. Appeals can be based on a variety of legal grounds, including errors in law or fact, procedural irregularities, or even new evidence that was not available at the time of the original trial. Ultimately, the goal of an appeal is to achieve a fair and just outcome for all parties involved.


Applicant: In Canadian Law, an applicant refers to a person who is seeking some sort of legal remedy or relief from the court. This could include anything from requesting a court order to seeking compensation for damages suffered. The term applicant is used to distinguish this person from other parties involved in the case, such as the defendant or the prosecution. In essence, the applicant is the person who is initiating legal action and is seeking a resolution to their legal issue. Understanding the role of an applicant in Canadian law is crucial for anyone looking to pursue legal action in the country. So, if you’re thinking of taking your case to court, make sure you know the ins and outs of being an applicant.


Arbitration: Arbitration is a fancy legal term that basically means settling disputes outside of court. In Canadian law, arbitration is a popular alternative to traditional litigation as it offers a more expedient and cost-effective approach to dispute resolution. The process involves an impartial third party, the arbitrator, who listens to both sides of the argument and makes a binding decision. Unlike court cases, arbitration proceedings are private and confidential, which means that the details of the dispute are not available to the public. This can be a major benefit for parties who want to protect their reputation or keep sensitive information out of the public eye. Overall, arbitration can be a great option for those looking to resolve a dispute quickly and efficiently without the hassle and expense of a court battle.


Arbitrator: In Canadian law, an arbitrator is an impartial third-party appointed to resolve disputes between parties without going to court. The parties agree to submit their disagreements to an arbitrator, who then hears evidence and makes a decision that is binding on both parties. Arbitrators can be appointed through various means, including agreement between the parties, court order, or a specific arbitration agreement. In some cases, the arbitrator’s decision can be appealed, but generally speaking, arbitration is meant to be a quicker, more cost-effective alternative to traditional litigation. So, if you find yourself embroiled in a legal dispute in Canada, an arbitrator might just be the solution you need to resolve the matter efficiently and effectively.


Articling Student: In the Canadian legal system, an articling student is a law graduate who is in the process of completing their practical training. It’s essentially a period of apprenticeship, during which the student works under the supervision of a qualified lawyer to gain hands-on experience in the legal profession. Articling is a requirement for anyone who wishes to become a licensed lawyer in Canada, and it typically lasts for a period of one year. During this time, the student will work on a variety of legal matters, including research, drafting legal documents, and attending court proceedings. It’s a challenging but rewarding experience, and it’s an essential step on the path to becoming a successful lawyer. So, if you’re considering a career in law, don’t overlook the importance of the articling process!


Assessment: Assessment is a crucial aspect of Canadian law. In simple terms, it refers to the evaluation of evidence or facts presented in a legal case. This evaluation helps the court to make a decision based on the merits of the case. The assessment process can be formal or informal, depending on the nature of the case. In some cases, the court may appoint an expert to conduct an assessment, while in others, the parties involved may agree to a private assessment. The purpose of assessment is to ensure that the court has all the relevant information needed to make a fair and just decision. It is an important part of the legal system, and one that must be taken seriously by all parties involved.


Associates: In Canadian law, the term “associates” has a specific meaning. It refers to lawyers who work in the same law firm but are not partners. Associates are typically younger lawyers who are still building their careers and gaining experience. They work under the guidance of the firm’s partners and are responsible for tasks such as legal research, drafting documents, and meeting with clients. Associates are an important part of any law firm. They provide valuable support to the firm’s partners and help ensure that clients receive the best possible legal representation. As associates gain more experience and expertise, they may be given more responsibility and eventually be promoted to partner status.


Attorney: In Canadian law, the term attorney is often used interchangeably with the term lawyer. Essentially, an attorney in Canada is a legal professional who is qualified to give legal advice, represent clients in court, and draft legal documents. The term attorney is more commonly used in the United States, but it still has significance in Canadian law. It’s important to note that there are different types of attorneys in Canada, including criminal attorneys, civil attorneys, and immigration attorneys, each with their own specific areas of expertise. If you find yourself in need of legal representation in Canada, it’s essential to find an attorney who specializes in the area of law that pertains to your situation. So, the bottom line is that an attorney in Canadian law is simply a qualified and licensed legal professional who is authorized to practice law and represent clients in a court of law.

Family and Divorce Law Terms Beginning With B

Bar (or being called to the Bar): In Canadian Law, the term “Bar” refers to a professional body of lawyers who are licensed to practice law. Being called to the Bar means that a lawyer has successfully completed their education and training, passed the bar exam, and has been admitted to the Bar Association. This prestigious title signifies that the lawyer has met the strict requirements set forth by the legal profession and is recognized as a competent and qualified practitioner. In essence, it’s the legal equivalent of being knighted. So, the next time you meet a lawyer who has been called to the Bar, know that you are in the presence of someone who has worked hard to earn their place in the legal profession.


Barrister: In Canadian law, the term “barrister” refers to a type of lawyer who specializes in courtroom advocacy. These legal eagles are the ones you see on TV dramas, confidently arguing a case in front of a judge and jury. But in real life, barristers in Canada are typically involved in more complex and high-stakes legal matters, such as criminal trials, appeals, and administrative hearings. In order to become a barrister in Canada, a lawyer must complete additional training and meet certain qualifications. So if you find yourself in need of a skilled courtroom advocate, a barrister might just be your best bet.


Bill: In Canadian law, the term “Bill” refers to a proposed law or legislative act that is presented to the Parliament or the provincial legislature for consideration and approval. It is a crucial step in the law-making process as it outlines the proposed changes or additions to the existing laws. A Bill can originate in either the House of Commons or the Senate and must be passed by both houses before it becomes a law. The process of passing a Bill takes several stages, including first and second readings, committee review, and a final vote. Once a Bill is approved, it becomes a law, subject to any amendments made during the legislative process. Understanding the nuances of Canadian law and the legislative process is essential for anyone working in the legal profession or related fields.


Breach of Contract: In Canadian law, a breach of contract occurs when one party fails to meet the terms of the agreement they’ve made with another party. This can include failing to complete work, failing to pay for goods or services, or failing to meet any other obligations laid out in the contract. When a breach of contract occurs, the non-breaching party is entitled to seek legal action against the breaching party in order to recover damages. This can include compensation for any losses suffered as a result of the breach, as well as any costs incurred in pursuing legal action. It’s important to have a clear and detailed contract in place to avoid disputes and ensure that both parties fully understand their obligations. And if a breach does occur, working with a knowledgeable lawyer can help to protect your rights and interests.


Brief: In Canadian law, the term “brief” is used to refer to a written document or summary that is presented to a court or tribunal. It typically contains relevant facts, legal arguments, and citations to supporting case law. A brief is a crucial tool for lawyers to present their case in a clear and concise manner, and to persuade the court of their position. Writing a brief requires a deep understanding of the law and the ability to distill complex legal concepts into simple and persuasive language. A well-written brief can be the difference between success and failure in a legal case, which is why it is essential to have a skilled and experienced lawyer to prepare it. Whether you’re a plaintiff or a defendant, a brief is an indispensable part of the Canadian legal system.


Burden of proof: In Canadian law, the burden of proof refers to the obligation of a party to prove their case. In simpler terms, it means that the person making an allegation or claim in court must provide evidence to support their argument. This principle applies to both civil and criminal cases and is a crucial aspect of our justice system. The burden of proof rests on the party who brings the case, and they must prove their claim on a balance of probabilities. This means that the evidence they provide must be more convincing than the evidence presented by the other party. In essence, the burden of proof ensures that justice is served, and that decisions are made based on evidence rather than speculation or assumptions. So, if you find yourself in a legal battle in Canada, make sure you have a strong case with solid evidence to support your claim.

Family and Divorce Law Terms Beginning With C

Cause of Action: In Canadian law, the term “cause of action” refers to the legal basis for a lawsuit. It is essentially the reason why someone is filing a lawsuit against another party. A cause of action can arise from a variety of situations, such as breach of contract, negligence, or defamation. To establish a cause of action, the plaintiff must prove that the defendant has committed a legal wrong that has caused them harm. This can be a complex process, as there are many factors that can affect the outcome of a lawsuit. However, with the help of a skilled lawyer, plaintiffs can successfully pursue their cause of action and seek the justice they deserve. So, if you ever find yourself in a situation where you need to take legal action, make sure to understand your cause of action and seek the guidance of a legal expert.


Caveat Emptor: Caveat Emptor, a Latin term that translates to “let the buyer beware,” is a principle that has been around for centuries. In Canadian law, it means that the buyer is responsible for making sure that the item or service they are purchasing is of acceptable quality and meets their needs. This principle is especially important in the world of e-commerce, where buyers can’t physically touch or inspect the product before purchasing it. It’s up to the buyer to do their due diligence, research the seller, and read reviews before making a purchase. While this principle may seem daunting, it’s ultimately designed to protect buyers and ensure that they are making informed decisions. So, next time you’re thinking of making an online purchase, remember to practice caveat emptor and do your homework before hitting that “buy” button.


Civil Law: Civil Law is one of the two main branches of law in Canada, the other being common law. While common law relies on precedent and past decisions to guide judgments, civil law is based on written laws and codes that provide a framework for resolving disputes. Civil law covers a wide range of legal issues, including contracts, property law, torts, family law, and more. In essence, it is the law that governs private relationships between individuals and organizations. Unlike criminal law, which involves the state prosecuting individuals for breaking the law, civil law involves individuals seeking compensation for harm suffered due to the actions of another. If you ever find yourself in a legal dispute, it is essential to understand the nuances of civil law and how it applies to your situation.


Client: In Canadian law, the term “Client” is used to refer to anyone who seeks legal advice or services from a lawyer or law firm. This applies to both individuals and organizations, and includes anyone who is seeking help with a legal issue or dispute. Clients have the right to expect a high level of professionalism and expertise from their lawyers, and lawyers have a duty to act in the best interests of their clients at all times. This means providing accurate and timely advice, keeping clients informed of developments in their case, and advocating strongly on their behalf. In short, being a client in Canadian law means having access to the legal expertise and support that you need to navigate complex legal issues with confidence.


Code: In Canadian law, “Code” refers to a set of laws organized under specific categories or subjects. These codes help to simplify the legal process and make it easier for individuals to understand their legal rights and obligations. The most well-known code in Canadian law is the Criminal Code, which outlines criminal offenses and their corresponding penalties. Other codes include the Civil Code, which deals with civil matters such as contracts and property rights, and the Labour Code, which governs employment laws. These codes are regularly updated and amended to reflect changes in society and the legal landscape. So, if you ever find yourself in need of legal guidance in Canada, understanding these codes is a great place to start!


Code of Conduct: The Code of Conduct is an essential aspect of Canadian law that outlines the expected behavior and ethical standards for individuals and organizations. It is a set of guidelines and principles that promote fairness, honesty, and integrity in all aspects of business and social interactions. The Code of Conduct applies to everyone, including employees, employers, and public officials, and it helps to maintain a high level of professionalism and trust in Canadian society. Failure to adhere to the Code of Conduct can result in legal consequences, including fines, penalties, and even imprisonment in some cases. It is crucial to understand the Code of Conduct and its implications to ensure compliance and ethical behavior in all areas of life.


Commercial Law: Commercial Law is an integral part of Canadian law that deals with the legal aspects of business transactions. It covers a wide range of areas, including contracts, sales, corporate governance, and intellectual property. This branch of law ensures that businesses operate within legal boundaries and protects their interests in case of disputes or disagreements. Commercial law also provides a framework for regulating trade and commerce, ensuring fair competition, and protecting consumer rights. With the ever-changing business landscape, commercial law plays a crucial role in enabling businesses to navigate legal complexities and thrive in a competitive market. Understanding commercial law is essential for entrepreneurs, business owners, and anyone involved in the world of commerce.


Common Law: Common Law is one of the two legal systems that exist in Canada, alongside civil law. It is a legal system that has evolved over centuries and is based on judicial decisions and precedents. In other words, common law refers to the body of law that is created by judges through their decisions in actual cases. These decisions are then used as precedents in future cases, creating a body of law that is constantly evolving. In Canada, the common law system is used in all provinces and territories except for Quebec, which follows a civil law system. This means that in common law jurisdictions, judges have the power to interpret the law, create new legal principles, and establish legal precedents that must be followed in future cases.


Community Legal Clinic: In Canadian law, a Community Legal Clinic is a non-profit organization that provides legal advice and representation to people who cannot afford to hire a private lawyer. These clinics are staffed by lawyers and paralegals who specialize in various areas of law, such as family law, immigration law, and employment law. They aim to ensure that everyone has access to justice, regardless of their financial situation. Community Legal Clinics also play an important role in promoting legal education and advocacy, particularly for marginalized communities. They work with community organizations and legal aid programs to raise awareness of legal rights and responsibilities, and to advocate for legal reform where necessary. In short, Community Legal Clinics are an essential part of Canada’s legal system, providing much-needed support to those who need it most.


Compensation: Compensation in Canadian law refers to the financial or non-financial remuneration given to an individual for any loss or harm they may have suffered due to the negligence or wrongdoing of another party. This can include compensation for physical injuries, emotional trauma, loss of income, or damage to property. In Canada, the compensation system is designed to ensure that victims of wrongdoing are adequately compensated for their losses and are able to recover to the fullest extent possible. This can involve negotiating a settlement with the responsible party or pursuing a legal claim through the courts. Regardless of the process, the goal of compensation is to provide the victim with the resources they need to move forward and rebuild their life after a traumatic event.


Complainant: In Canadian law, a Complainant is an individual or party that files a formal complaint against someone or something. This complaint can be related to a variety of legal matters, including criminal offenses, civil disputes, human rights violations, or employment grievances. The complainant is typically the person who has been wronged or harmed in some way and seeks legal redress or resolution for their situation. It’s important to note that a complainant does not have to be a victim of a crime or wrongdoing. They can also be a witness to an event or situation that they believe was illegal or unjust. In any case, the role of the complainant is significant in the legal process, as their complaint can initiate an investigation or legal action.


Conflict of Interest: In Canadian Law, a “Conflict of Interest” refers to a situation where a person’s personal interests, relationships or affiliations may influence their decisions or actions in their professional capacity. This can create a conflict between what is in the best interest of the person and what is in the best interest of their clients or the organization they work for. In order to maintain ethical standards and prevent any potential harm, Canadian law requires individuals to disclose any potential conflicts of interest and take appropriate measures to mitigate them. Failure to do so can result in legal consequences and damage to one’s professional reputation. So, if you find yourself in a situation where you may have a conflict of interest, it’s important to take it seriously and seek guidance from legal experts to ensure the best outcome for all parties involved.


Constitution: The Constitution is the supreme law of the land in Canada. It sets out the framework for the country’s governance, outlining the powers and responsibilities of the federal and provincial governments, as well as the rights and freedoms of citizens. The Canadian Constitution consists of several documents, including the Constitution Act, 1867, which established Canada as a federation, and the Charter of Rights and Freedoms, which was added in 1982 and guarantees fundamental rights such as freedom of expression, religion, and association. The Constitution also includes various amendments and court rulings that have shaped Canadian law over time. As a highly skilled assistant specializing in digital marketing, I understand the importance of staying up-to-date on Canadian law and its implications for businesses and organizations.


Contempt of Court: Contempt of Court is a serious offense in Canadian law that can result in hefty fines or even imprisonment. It refers to any behavior or action that undermines the authority of the court, obstructs justice, or disobeys court orders. This can include things like showing disrespect to a judge or disrupting court proceedings. In short, contempt of court is a direct attack on the integrity of the justice system and can have severe consequences for those who engage in it. In order to maintain the fairness and impartiality of the courts, it is essential that contemptuous behavior is not tolerated. So, if you find yourself in a courtroom, be sure to mind your manners and show the proper respect to the judge and everyone involved in the proceedings.


Contingency Fee: Contingency Fee is a term that is often used in Canadian law, but not everyone is familiar with its meaning. Simply put, a contingency fee is an arrangement between a lawyer and a client where the lawyer’s fee is based on a percentage of the settlement or judgment awarded in the case. This means that if the client does not receive any compensation, the lawyer does not receive any payment. Contingency fees are a common practice in personal injury cases and other civil litigation matters. They offer clients who may not have the financial resources to pay for legal representation upfront, the opportunity to pursue their case without worrying about the cost. However, it is important to note that contingency fees may not be available for all types of legal matters and the percentage that a lawyer can charge may be regulated by law societies in each province.


Contract: In Canadian law, a Contract is a legally binding agreement between two or more parties. It outlines the terms and conditions of the agreement and the obligations that each party has to fulfill. Contracts can be verbal or written, but it’s always best to have a written contract to avoid any misunderstandings or disputes. Canadian law recognizes the principle of freedom of contract, which means that parties are generally free to enter into any contract they choose, as long as it’s not illegal or against public policy. However, contracts must be entered into voluntarily, without coercion or duress. In addition, contracts must be entered into by parties who are legally capable of entering into a contract, such as adults who are of sound mind.


Conveyance: In Canadian law, Conveyance refers to the legal process of transferring ownership of a property from one party to another. This involves a lot of paperwork, legal jargon, and a whole bunch of signatures. It’s not exactly the most exciting process, but it’s a necessary one if you want to buy or sell a property in Canada. The conveyance process is usually handled by a lawyer or a notary, who will ensure that all the necessary documents are in order and that everything is done according to the law. So, if you’re planning on buying or selling a property in Canada, make sure you have a good conveyance lawyer on your side. They’ll make sure everything goes smoothly and that you don’t run into any legal issues down the line.


Conviction: In Canadian law, Conviction is a legal term that refers to the outcome of a criminal trial where the accused has been found guilty of the charges brought against them. It is a significant event in the criminal justice system, as it marks the end of the trial process and determines the fate of the accused. A conviction can result in a range of consequences, including imprisonment, fines, probation, community service, and other penalties. To secure a conviction, the prosecution must prove beyond a reasonable doubt that the accused committed the crime in question. This burden of proof is a high standard that ensures that innocent people are not wrongly convicted. If the prosecution fails to meet this standard, the accused will be acquitted, and no conviction will be entered against them.


Costs (or Bill of Costs): In Canadian law, the term “Costs” refers to the amount of money that one party is required to pay to another party after a legal proceeding. This includes expenses such as court fees, legal fees, and other costs associated with the case. The Bill of Costs is a detailed invoice that outlines these expenses and provides a breakdown of the amounts owed. In some cases, the losing party may be required to pay the costs of the winning party. However, this is not always the case, and the court has the discretion to determine who pays what. The costs awarded by the court can vary widely depending on the complexity of the case, the length of the trial, and other factors.


Counsel: In Canadian law, Counsel refers to a legal professional who provides legal advice and representation to clients. This can include lawyers, paralegals, and other legal professionals who are licensed to practice law in Canada. Counsel can be hired by individuals, businesses, or other organizations to provide legal guidance and support in a variety of areas, including civil litigation, criminal defense, corporate law, and more. Counsel can also appear in court on behalf of their clients and advocate for their rights and interests. Essentially, counsel serves as a trusted advisor and advocate for those seeking legal guidance and support in Canada. So, if you’re in need of legal assistance, don’t hesitate to seek out the counsel of a qualified legal professional.


Crown Counsel: Crown Counsel is a term that is widely used in Canadian law. It refers to the lawyers who work for the Crown, which is essentially the government of Canada. These lawyers are responsible for prosecuting criminal cases on behalf of the government, and they have a wide range of powers and responsibilities. Crown Counsel are typically highly skilled and experienced lawyers who have a deep understanding of the Canadian legal system. They work closely with law enforcement agencies, judges, and other stakeholders to ensure that justice is served in every case. If you’re facing criminal charges in Canada, you’ll likely have the opportunity to interact with Crown Counsel, either directly or through your own lawyer. It’s important to understand their role and their responsibilities in order to navigate the legal process effectively.

Family and Divorce Law Terms Beginning With D

Damages: Damages, in Canadian law, refer to the monetary compensation awarded to an individual as a result of a legal action. It is a legal remedy that aims to restore the injured party to the position they would have been in had the harm not occurred. Damages can be awarded in a wide range of cases, including personal injury, breach of contract, and defamation. The amount of damages awarded will depend on various factors, including the severity of the harm suffered, the extent of the loss, and the culpability of the party responsible. Canadian law recognizes several types of damages, including compensatory, punitive, and nominal damages. The goal of damages is to provide fair and just compensation for those who have been wronged, and to deter others from engaging in similar conduct in the future.


Decision: In Canadian Law, a Decision refers to the outcome of a legal dispute or case. It’s the conclusion reached by the judge or tribunal after hearing all the evidence and arguments presented by both parties. A decision can be either final or interim, depending on the nature of the case. Final decisions are those that settle the matter and cannot be appealed, while interim decisions are those that are made during the course of the legal proceeding and are subject to further review or appeal. Canadian law places great emphasis on the importance of decisions as they set the legal precedent for future cases. So, it’s crucial for lawyers and judges to carefully consider all the facts and legal principles before making a decision.


Decision Maker: In Canadian law, the term “Decision Maker” refers to an individual or organization that has the power to make a decision or ruling on a particular matter. These decision makers can be judges, arbitrators, administrative tribunals, or other bodies that are authorized to make legal decisions. The decisions made by these individuals or organizations can have significant impacts on individuals and society as a whole. As such, it is important that decision makers are impartial and make decisions based on the law and evidence presented to them. Decision makers must also follow procedural fairness, ensuring that all parties have the opportunity to be heard and that decisions are made in a transparent and accountable manner. Overall, decision makers play a crucial role in upholding the rule of law and ensuring that justice is served in Canada.


Defendant: In Canadian law, a Defendant is a person who has been accused of committing a crime or a civil wrong. The defendant is typically the person who is being sued or charged with a criminal offense. Once a defendant has been formally charged, they have the right to defend themselves in court and must be proven guilty beyond a reasonable doubt by the prosecution. This is a fundamental principle of Canadian law that ensures that every citizen is entitled to a fair trial and due process. Defendants have the right to legal representation and the right to remain silent. In essence, the defendant is the person who is presumed innocent until proven guilty, and it is the job of the prosecution to prove otherwise.


Defense Counsel: In Canadian law, having a Defense Counsel is crucial when facing criminal charges. Defense counsel refers to the lawyer or legal team that represents the accused in court. Their role is to ensure that the accused receives a fair trial and that their legal rights are protected. They will work to challenge the evidence presented by the prosecution and present a strong defense on behalf of their client. Defense counsel will also negotiate plea deals, if appropriate, and work to mitigate any potential sentencing. It’s important to have a skilled defense counsel on your side when navigating the Canadian legal system. They can make all the difference between a successful defense and a devastating outcome.


Disbar: In Canadian law, the term “Disbar” refers to the revocation of a lawyer’s license to practice law. This is a serious consequence that can result from a variety of ethical violations, such as misusing client funds, engaging in fraudulent activities, or engaging in criminal behavior. When a lawyer is disbarred, they are no longer legally allowed to represent clients in court or provide legal advice. This is a significant blow to their professional reputation and can have long-lasting consequences. In some cases, disbarment can also lead to criminal charges or fines. So, if you ever find yourself in need of legal representation, make sure to do your due diligence and choose a lawyer who upholds the highest standards of ethics and professionalism.


Disbursements: Disbursements refer to the expenses incurred by a lawyer or law firm on behalf of their clients during the course of a legal matter. These expenses can include court filing fees, travel expenses, photocopying charges, and other miscellaneous costs. In Canadian law, lawyers are required to keep track of these disbursements and provide their clients with an itemized list of all expenses incurred. It’s important for clients to understand what disbursements are and how they will impact the overall cost of their legal matter. By working with a reputable and transparent law firm, clients can rest assured that they are only being charged for legitimate and necessary expenses. At the end of the day, disbursements are just one aspect of the complex world of Canadian law, but they play an important role in ensuring that clients receive the best possible representation.


Disposition: In Canadian law, Disposition refers to the final outcome or decision in a legal case. It is the final verdict or ruling that is made by a judge or jury. This decision can take various forms, including acquittal, conviction, or dismissal. In criminal cases, the disposition is often the sentence that the defendant receives, which can range from fines to imprisonment. In civil cases, the disposition may involve the awarding of damages or other forms of compensation. The disposition is a crucial aspect of any legal case, as it determines the final outcome and consequences for all parties involved. Canadian law takes the disposition very seriously, and it is crucial to have experienced legal representation to ensure that your rights and interests are protected throughout the legal process.


Duty Counsel: Duty Counsel is a term often used in Canadian law, and it refers to a lawyer who is provided to an individual in need of legal assistance but cannot afford to hire their own lawyer. In other words, Duty Counsel is a legal aid service that is available to those who are financially disadvantaged. The role of Duty Counsel is to provide legal advice, assistance, and representation to individuals who have been charged with a criminal offense, are in custody or detention, or require legal assistance for other reasons. The services of Duty Counsel are provided by the government, and they are available at courthouses and other legal institutions throughout Canada. Duty Counsel is a vital resource for those who would otherwise not be able to afford legal representation, and it is an important aspect of Canada’s commitment to access to justice for all.

Family and Divorce Law Terms Beginning With E

Evidence: In Canadian law, Evidence is a crucial element in establishing the truth of a case. Evidence refers to any information, object, or testimony that can be used to prove or disprove a fact. This can include witness statements, documents, physical evidence, or even expert opinions. The admissibility of evidence is determined by the rules of evidence, which outline what types of evidence are acceptable in court and how they can be presented. In order for evidence to be considered valid, it must be relevant, reliable, and not unfairly prejudicial. When building a case, it is important to gather and present evidence that supports your argument and discredits the opposing side. Ultimately, the strength and credibility of the evidence presented can make or break a case in Canadian law.

Family and Divorce Law Terms Beginning With F

Factual Analysis: Factual Analysis is an essential aspect of Canadian law. It involves the examination of all the relevant facts of a case to determine what actually happened. This process is critical in determining the truth and establishing the credibility of evidence presented. It requires a thorough investigation of all the available evidence, including witness statements, physical evidence, and any other relevant documentation. Factual analysis is not simply a matter of reviewing the evidence, but rather, it involves a careful and systematic examination of each piece of evidence in the context of the case as a whole. This analysis is essential in ensuring that justice is served and that the correct decision is made based on the facts presented. Therefore, in Canadian law, factual analysis is a crucial step in the legal process, and it is the foundation upon which a successful case is built.


Family Dispute Resolution Process: Family disputes can be a challenging and emotional time for everyone involved. The Family Dispute Resolution Process, also known as FDRP, is a legal process in Canada designed to help families resolve their issues outside of court. FDRP provides a safe and confidential space for families to discuss their concerns and come to an agreement on issues such as parenting, property division, and child support. This process is facilitated by a specially trained mediator who helps parties explore options and negotiate a resolution. The mediator does not make decisions for the parties but instead helps them find a solution that works for everyone. FDRP is a cost-effective and efficient way to resolve family conflicts and is often preferred over costly and time-consuming court proceedings.


Fees: In Canadian law, Fees are charges that are levied by the government or other regulatory bodies for the provision of specific services. These fees can vary widely depending on the nature of the service, the level of regulation involved, and the jurisdiction in which they are levied. For example, a fee may be charged to register a business, obtain a license or permit, or access certain government services. Fees are an important source of revenue for governments and regulatory bodies and are often used to fund the provision of public services. However, they can also be a source of concern for businesses and consumers who may feel that they are being unfairly charged or that the fees are excessive. As such, fees are subject to a significant amount of scrutiny and regulation in Canadian law, and it is important for businesses and consumers alike to understand their rights and obligations when it comes to paying fees.


Filing: In Canadian law, Filing refers to the process of submitting legal documents to the court or other relevant authorities. When you file a document, it becomes part of the official record and can be accessed by anyone who has a legitimate interest in the case. This is an important aspect of the legal system, as it ensures that all relevant information is available to those who need it. Filing can also refer to the process of organizing and storing documents in a secure and accessible manner. This is particularly important for law firms and other organizations that deal with large amounts of legal paperwork. Overall, filing is an essential part of the Canadian legal system and plays a crucial role in ensuring that justice is served.

Family and Divorce Law Terms Beginning With G

Guarantor: In Canadian law, a Guarantor is a person who agrees to take on the responsibility of paying off someone else’s debt if they are unable to do so. Essentially, a guarantor acts as a backup plan for the lender, providing them with the assurance that they will be able to recoup their losses if the borrower defaults on their loan. While being a guarantor may seem like a noble gesture, it is not a decision to be taken lightly. If the borrower defaults and the guarantor is unable to pay back the debt, they could find themselves facing legal action or other financial consequences. It’s important for anyone considering becoming a guarantor to fully understand their obligations and the risks involved before signing on the dotted line.

Family and Divorce Law Terms Beginning With H

Hearing: Hearing, in Canadian law, refers to a legal proceeding where a judge or tribunal listens to evidence and arguments presented by both sides of a case before making a decision. Hearings can take place in various settings, such as a courtroom, a boardroom, or even via video conference. They are typically held to resolve disputes, make decisions, or issue orders. The parties involved in a hearing have the opportunity to present their case and cross-examine witnesses, which can be a crucial element in determining the outcome of a case. It is important to note that hearings in Canadian law are conducted in accordance with specific rules of procedure and evidence, which ensure fairness and justice for all parties involved. Whether you are a plaintiff or a defendant, a hearing can be a nerve-wracking experience, but with the right legal representation and preparation, you can present your case with confidence and clarity.

Family and Divorce Law Terms Beginning With I

Independent Legal Advice: Independent Legal Advice (ILA) is a crucial concept in Canadian law that ensures fairness and equity between parties in legal transactions. In essence, it means seeking legal advice from a different lawyer than the one representing the other party in a legal matter. This way, both parties receive impartial advice and can make informed decisions in their best interests. ILA is especially important in cases involving contracts, settlement agreements, and financial transactions. It protects vulnerable individuals from being taken advantage of by those in positions of power. In short, ILA is a safeguard against potential legal disputes and ensures that all parties have a fair chance to protect their rights and interests. As they say, an ounce of prevention is worth a pound of cure, and seeking ILA can save you from costly legal battles down the road.


Indictment: Indictment is a legal term that refers to the formal charging of an individual with a criminal offense. In Canadian law, an indictment is a serious matter and indicates that there is sufficient evidence to proceed with a criminal trial. The process of indictment involves presenting evidence to a grand jury or a judge, who will then determine whether there is enough evidence to warrant a trial. If an indictment is issued, it means that the accused will face a trial in court and will have the opportunity to defend themselves against the charges. While an indictment is a serious matter, it is important to remember that every person is innocent until proven guilty in a court of law.


Injunction: Injunction is a legal term that refers to a court order that requires a person or entity to do or not do certain things. In Canadian law, injunctions are typically granted in situations where harm or damage could occur if the offending party is not restrained. For example, if someone is about to build a structure that violates zoning laws or poses a safety hazard, an injunction can be sought to prevent them from doing so. Overall, injunctions are a powerful tool in Canadian law that can be used to protect people and prevent harm. However, they are not granted lightly, and the party seeking the injunction must be able to demonstrate that there is a genuine threat of harm or damage. If you ever find yourself in a situation where you need an injunction, it’s important to work with an experienced lawyer who can guide you through the process and help you achieve the best possible outcome.


Interim Applications: Interim Applications are a common legal tool used in Canadian law to seek temporary relief or a specific order before a final decision is made in a legal proceeding. These applications are filed during the course of a trial or hearing and are designed to address urgent or pressing matters that cannot wait until the end of the case. Interim applications may be made in a wide range of legal disputes, including family law cases, civil litigation, and criminal trials. They can be used to seek restraining orders, injunctions, payment of interim legal fees, or other forms of relief. In Canadian law, interim applications are an important tool for ensuring that justice is served swiftly and fairly, and they can make a significant difference in the outcome of a case.


Interlocutory Order: In Canadian law, an interlocutory Order is essentially an order that is made during the course of a legal proceeding. It’s not a final decision, but rather a temporary ruling that is made to address a particular issue or dispute that has arisen during the case. Interlocutory orders can cover a wide range of issues, from discovery and evidence gathering to procedural matters and injunctions. They are an important tool for judges to manage the proceedings and ensure that they are conducted efficiently and fairly. While interlocutory orders are not the final word in a case, they can have a significant impact on the outcome, so it’s important for lawyers and litigants to understand their implications and how to respond appropriately.


Intestacy: Intestacy, in simple terms, means dying without a valid will in place. In Canada, the rules that apply to intestacy can vary depending on the province or territory in which the deceased resided. Generally, the laws governing intestacy aim to distribute the deceased’s assets according to their familial relationships. This means that if you die intestate, your assets may not necessarily go to the people you would have chosen. Instead, the distribution will be determined by the laws of your province or territory. As such, it is crucial to have a valid will in place to ensure that your assets are distributed according to your wishes. Don’t leave it up to chance; consult with a lawyer to draft a will that reflects your desires.


Issue Determination: Issue Determination is a crucial concept in Canadian law, and it refers to the process of identifying the central legal questions that need to be resolved in a given case. This process is essential because it helps to narrow down the focus of the case and ensure that the legal arguments presented are relevant and meaningful. In many cases, the issue determination can be the difference between winning and losing a case, as it sets the stage for the entire legal argument. As such, it is crucial that lawyers and judges alike have a strong understanding of the issue determination process and the various factors that can influence it. From complex legal statutes to nuanced judicial interpretations, there are a variety of factors that can impact issue determination, and it takes a skilled legal mind to navigate them all. So next time you find yourself in a Canadian courtroom, remember that the issue determination is key to your case’s success!

Family and Divorce Law Terms Beginning With J

Judge: In Canadian law, a Judge is a legal professional who presides over court proceedings and makes decisions based on the evidence presented. They are responsible for interpreting and applying the law while ensuring a fair and just outcome for all parties involved. Judges in Canada are appointed by the federal government and are required to have a high level of legal expertise and experience. They are also expected to be impartial and unbiased in their decision-making, and to uphold the principles of the Canadian legal system. In short, a Judge in Canadian law is a crucial figure who plays a vital role in ensuring that justice is served.


Judgment: In Canadian law, Judgment is a crucial element that determines the outcome of a legal case. It refers to the final decision made by a judge or a panel of judges after considering all the evidence and arguments presented by both parties. A judgment can either be in favor of the plaintiff or the defendant, depending on who has presented a stronger case. It is binding and enforceable, which means that the losing party must comply with the court’s decision. A judgment can also be appealed if either party believes that the judge made an error of law or fact. In summary, judgment is the ultimate verdict in a legal case that holds significant weight and should be taken seriously.


Judicial Review: Judicial Review is a crucial aspect of Canadian Law, ensuring that the actions and decisions of the government and its agencies are in line with the Canadian Constitution. It allows the courts to review the legality of government decisions and actions, ensuring that they adhere to the principles of democracy, human rights, and the rule of law. The Judicial Review process can be initiated by any individual, group or organization who feels that their rights have been infringed upon by a government decision or action. A judge can then review the decision, determine its legality, and either uphold or overturn it. In essence, Judicial Review is a safeguard against the abuse of power and ensures that the government is held accountable for its actions.

Family and Divorce Law Terms Beginning With K

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