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Thursday, September 09, 2010 |
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GLOSSARY OF
TERMS USED IN THE
ADMINISTRATIVE JUSTICE SYSTEM
CCAT
It is hoped that this Glossary will assist members
of the public in better understanding much of the
terminology used within the Canadian administrative
justice system.
A
Abate, abatement
Delaying a hearing to a later time or place, whether
temporary (for a certain amount of time) or final
(forever). (The hearing is taking longer than expected,
so it is adjourned to next week.)
When a decision-maker resolves a dispute after considering
the law and the evidence and arguments of the parties.
(The
adjudication was delayed so a mediator could try to settle
the dispute.)
Power to make a decision using adjudication.
(Administrative tribunals perform an adjudicative
function when they resolve disputes between parties.)
Official person who resolves disputes between parties.
(Members of administrative tribunals are adjudicators.)
Facts and things that a tribunal can consider when
making a decision about a case. (Louis is unhappy about
the government's decision and asks a tribunal to
reconsider it. The letter sent by the government to
Louis is admissible evidence because it shows that the
government refused to give him unemployment benefits.)
Organization created by the government under an Act. An
administrative tribunal acts like a court to handle
disputes. (The administrative tribunal responsible for
residential tenancies handles problems between landlords
and tenants.)
A written statement made by a person under oath to a
lawyer a commissioner of oaths, or a notary public, to
be used as evidence. (Philip swore an affidavit before
his lawyer Miriam.)
1.
To promise to tell the truth when testifying as a
witness or making an affidavit. (Joe answered and
affirmed he would tell the truth.)
2.
When a court decision is approved by an appeal court.
(The Superior Court affirmed the decision of the Board
of Review.)
Agent
Person who represents another person and can act in
their place. (An agent who is not a lawyer can
represent a party at a tribunal hearing, but a lawyer
representing a party is called a counsel.)
2. The document containing promises made by two or more
people to each other to do something or to not do
something. (Sylvie gives the agreement she signed
with her employer to the tribunal.)
A written or spoken statement about a fact. (Sara
claims that her roof leaks when it rains so she showed
photos of the leaky roof to prove her allegation.)
Different ways other than adjudication used to resolve
disputes, including negotiation, conciliation,
mediation, and arbitration. (The parties were
given a brochure on alternative dispute resolution.)
Changing a legal document such as an application,
pleading, contract, or a law. (The parties agreed
to an amendment to the lease to increase the rent.)
2.
A party who disagrees with a tribunal's decision may
appeal the decision to a higher court. (Decisions made
by some tribunals cannot be appealed.)
Party who appeals a decision. (Emily appealed the
tribunal's decision because she disagrees with it.
Emily is the appellant.)
2.
The document containing a party's request to a
tribunal. (An application contains the reasons for the
request.)
A way to resolve disputes not using a court.
(In arbitration, a person called an arbitrator considers
the law and the evidence and arguments of the parties
and makes a decision to resolve the dispute.)
Neutral and fair person who ends disputes using
arbitration. (The arbitrator had the witness sworn
in.)
Giving reasons to convince someone of something.
(During the hearing, the parties made arguments to
persuade the tribunal that each was right and the other
was wrong.)
Something that has not been paid, but needs to be paid.
(Maria's rent is in arrears because she missed her rent
payment last month.)
Decision made by a tribunal or an arbitrator to end a
dispute between parties. (The applicant was not
happy with the award, but neither was the respondent.)
B
Bad faith can mean many things: acting dishonestly,
tricking a person, deliberately not doing what should be
done, committing fraud, deliberately discriminating
against a person, abusing power given by the government
or the law, being unfair or unreasonable. (The
false reason the employer gave for the lay-off was
evidence of the employer's bad faith.)
C
2.
Person on a panel of a tribunal who has the final say in
a decision. (The chairperson decided in favor of the
applicant.)
In order of time, from what happened first to what
happened last. (Antoine is making an affidavit to
describe the car accident so he writes down what
happened in chronological order.)
2.
Document containing a party's demand and the reasons for
the demand. (Mark filed a claim against Tina for $2000
because she fired him illegally.)
Party who makes a claim. (Mark is the
claimant in the claim against Tina, who becomes the
respondent.)
Argument made by a party to a decision-maker at a
hearing after the parties have presented
their evidence. In its closing argument, a party argues
how the law and the evidence show that it is right
and the other party is wrong. The party also
states the decision it would like the tribunal to make.
(In written hearings, closing arguments are
written down and given to the decision-maker.)
Rules on how to behave honestly, fairly, and
respectfully; a tribunal may have a code of ethics
for its staff and decision-makers (members). (The code
of ethics of the tribunal requires its
decision-makers to withdraw from a case if they have a
conflict of interest.)
Contract between an employer and a trade union (a group
of employees who join together to negotiate their
working conditions). (A collective agreement is
the result of negotiation between
the employer and the trade union about wages and
other working conditions.)
Organization created by the government to control or
regulate certain types of public
activities; sometimes a tribunal is called a
commission. An administrative tribunal is
often linked to a commission. A commission may have
some decision-making authority. (The Canadian Human
Rights Commission protects civil rights and
liberties.)
Decision-maker who works at a commission. (The
commissioner adjourned the hearing.)
2.
Money paid to a person for working. (Janet's
compensation was increased so her annual salary is now
$40,000.)
Party who makes a complaint. (Annie is the
complainant in a case against her employer, who is the
respondent.)
A way to resolve disputes using a conciliator. (An
employer and a trade union may
use conciliation to reach a collective agreement.)
Neutral and fair person who helps parties resolve their
dispute through conciliation. (The
conciliator met with each party separately first.)
Private or secret information. (Lisa tells her
lawyer Martha about some problems with
her landlord that she wants kept confidential.)
When a person has a personal connection to the dispute
or the people involved in the
dispute and may not be able to make a neutral and fair
decision. (Angela's neighbor is the adjudicator
for her case so he may have a conflict of interest and should withdraw from the case.)
Give permission or agree. (Karim consents
to try mediation to resolve his dispute with a
classmate.)
To be against something; to dispute something.
(Peter has decided to contest a tribunal's decision by
appealing it.)
2.
Document containing promises made by two or more people
to each other to do something or not do something.
(Irene filed the contract as evidence at the hearing.)
2.
Money that a tribunal spent to handle a case. (The
tribunal ordered Jane to pay the tribunal's costs
because her bad faith had delayed the hearing.)
2.
To give advice to someone. (Hal was able to counsel
Michael not to lose his temper.)
When a witness who is called by one party is asked
questions by another party, after the witness has been
questioned by the party who called him or her, to test
if the witness is telling the truth. (Bob called
Maya as a witness so Guy asked Maya questions in
cross-examination.)
Organization that handles disputes between people
according to the law. A decision made by a
tribunal may be appealed to a court or reviewed by a
court. (The appeal of the decision of the Rent
Commission had to be taken to the Superior Court.)
D
Money given to a person to make up for the loss or for
the harm done to them. (Irina broke
Robert's computer so she has to pay him $1500 in damages
to compensate him.)
When a person makes up their mind about something;
solving a dispute by saying what is to be done.
(After the hearing, the tribunal's decision was that
Robin must pay damages to Megan.)
Person responsible for making decisions that end
disputes between people; includes members of tribunals,
judges at courts, and arbitrators. (As the
decision-maker, the Appeal Panel Chairperson cannot
always please the people on both sides of the dispute.)
Showing or giving information or some thing to
another person so they can prepare for the
hearing. (Zara must disclose an affidavit made by a
witness to the other parties.)
When parties show or give copies of their evidence to
each other before a hearing. (The
tribunal rules require disclosure by the parties of
their written evidence to each other.)
Giving up something; putting an end to something.
(Pascal and Lina settled their
dispute so they want to discontinue the case.)
Handling a case by reaching a decision after considering
the issues. (The tribunal
disposed of the complaint on the merits and not on the
basis of technical problems with the complaint
form.)
E
Hearing held by a telephone conference call or a
video conference. (The parties, their
lawyers, agents, and witnesses all participated in the
electronic hearing by video conference.)
To make sure that a right will be respected. (The
tribunal can provide remedies to enforce a right that is
being interfered with.)
Information or things presented to a tribunal to prove a
fact; these can include such things as a videotape or
documents, affidavits, visual demonstrations, witnesses, and expert testimony.
(There was no evidence brought to support the main
claim.)
When a party makes a request at a hearing when the other
party has not been informed
about the hearing or does not attend the hearing.
(Helen, the respondent, asked for an ex parte hearing.)
When a party calls a witness and asks that witness
questions to have the witness
describe what she or he knows about the facts of the
case as evidence. (Bob called Maya as a witness
and conducted an examination of Maya.)
Object or document that is put up as evidence; exhibits
are numbered, like Exhibit
1, Exhibit 2, etc. (The tribunal accepted the contract
as Exhibit 1, the photo as Exhibit 2, and
the videotape as Exhibit 3.)
Opinion or information given by an expert witness about
something proven to have happened in a case, based on
the expert's special knowledge or skill. (The
expert evidence supported the claimant's position.)
Someone with special knowledge, training, skill, or
experience who can help a decision-maker
understand the evidence in an area in which they are
expert. (The expert witness was a doctor who
could give an opinion about how long it would take the employee to recover.)
When a government takes a person's property away from
them for a public purpose, such as
building a road or an airport, etc. (The government
expropriated William's land.)
F
2.
To give a document or an object to the staff of a
tribunal or the member of a hearing. (Eleanor files an
application at a tribunal.)
G
2.
A disagreement between an employer and employees about a
collective agreement or with a single employee over
rights under the agreement. (The employee filed a
grievance.)
H
When the parties and decision-maker meet formally to
hear or read the parties' evidence and arguments; there
are oral hearings, written hearings, and electronic
hearings, public hearings, or closed hearings.
(During the first day of the hearing, the parties'
counsel made opening statements of their cases.)
When a witness gives information about something that
she did not see herself and she only knows that thing
because someone else told her about it or because
someone else wrote about it. (Anna wanted to
testify about a work accident but it would be hearsay
because she did not see the accident herself.)
Being fair and neutral and not biased or prejudiced;
tribunals must have no opinion before they hear the
evidence and arguments of both parties to make a
decision. (Decision-makers are not impartial if
they do not like one of the parties.)
Someone who is not under the control of another person
and is free to make decisions on his or her own.
(Tribunal members are independent of government when
they make their decisions.)
2.
Order that only lasts for a certain amount of time or
until some event happens. (The adjudicator's interim
order delayed the award until the appeal of the decision
has been dealt with.)
Things the parties disagree about, either about the
facts of what happened or about what
the law says about the situation. (A tribunal must
resolve all the issues in dispute in its
decision.)
J
Power of a tribunal to deal with a dispute based on the
type of dispute and the geographical area where the
dispute happens. A tribunal gets its jurisdiction
from an act passed by the government. (A human
rights tribunal hears human rights disputes about rental
properties but does not have jurisdiction to hear
disputes over rent between landlords and tenants.)
L
The rules made by the government or courts that govern
society and give rights and obligations to
people. (The Criminal Code is a law of Canada.)
Person who is trained and authorized to give legal
advice to people. (Lawyers explain the law
and advise people more than they go to court.)
Type of question asked to a witness by a party that
suggests or contains the answer that the party wants the
witness to give and can usually be answered with a "yes"
or a "no." (When Keira
asked, "Is it true that the window was broken
around 5 p.m.?" she is asking a leading question because
her question contains the information she wants from
Greta.)
Permission to appeal a tribunal's decision. (Fiona must
get leave to appeal from a court before she can appeal a
tribunal's decision.)
Type of law made by the government; statutes and
regulations. (The Divorce Act is
legislation that deals with divorce.)
When the law says that someone is responsible to another
person for a loss or injury to that person, because of something they did or
did not do. (The company was liable for the
accident because they knew the equipment needed to be serviced.)
When someone has an obligation to do something or to not
do something under the law.
(People who sign a contract are taking on a liability to
each other under the contract.)
M
Real issues in the application, complaint, claim, or
appeal. (This decision was
made on the merits and not for any technical reason.)
Decision of a tribunal giving money to a party.
(Mike expects to receive a monetary
award, but he cannot wait for that.)
Request made by a party to a tribunal, asking the
tribunal to order something. A motion can be
written or spoken at a hearing. (Kasper makes a
motion for disclosure of evidence at the hearing.)
Party who makes a motion, meaning they request something
from the tribunal. (It was Kasper's motion for
disclosure of evidence, so Kasper is the moving party.)
N
When people talk and compromise to settle a dispute or
solve a problem. (Hugo and his landlord Veronica
don't agree about the rent for next year so Hugo suggested negotiation as a way of finding an
amount of rent acceptable to both of them.)
A decision by a tribunal that gives the winning party
something other than money. (Lia
wants only a non-monetary remedy from the tribunal,
because she asks only for an order to evict her
tenant Tania for not paying rent.)
1.
When someone gets told about something by someone else
who writes or speaks to them about it. (Milan sent his
landlord Mitch a letter so Mitch has received notice
that urgent repairs are needed.)
2.
A notice is a document that informs a person about
something happening at a tribunal that they need to know
about. (Tran receives a notice of hearing, which tells
him to attend a hearing at the tribunal at 10 a.m. on
December 13, 2007.)
Document informing a party about a request that
will be made to the tribunal. (The notice of motion
that Dom received tells the type of request, the order
asked for, the date, time, and place of the hearing of
the motion.)
Informing a person about something. (The
tribunal asked for proof that Jake received notification
of the hearing.)
O
When a party opposes certain evidence presented by the
other party or the way in which the other party is
proceeding with its evidence. (Bernice's witness has
been talking about something not connected to the case
so Laura gets up and says,"Objection, this is not
relevant.")
Style of question asked to a witness, one that does not
suggest or contain the answer that the party wants the
witness to give. (Rachel wants her witness to
describe how Rachel was injured so she used the open
question, "What happened on the morning of February 10,
2006?" instead of the closed question, "Did the
broken machine injure me at work on February 10, 2006?")
A decision that is spoken aloud by a
decision-maker at the end of a hearing, instead of being
written out later. (The tribunal was able to
deliver an oral decision immediately)
Answers given by a witness in testimony at a
hearing. (The complainant's mother is in hospital
and not able to give oral evidence.)
When the parties, their lawyers, and witnesses go to the
tribunal in person to present their case in a formal
meeting. (An oral hearing was held in August and
written arguments were provided in September.)
How a tribunal declares that something must be done.
An order can be final or interim.
(The tribunal ordered an employer to get safer equipment
for its employees and also required that the order be
posted in the worker's lunchroom.)
P
A type of damages that is money given to a party for
experiencing emotional problems (pain, fear, etc.) after
being harmed by the respondent. (An award for pain
and suffering is not a punishment but must equal the
misery.)
1.
Person or organization, company, or government agency in
a dispute that a tribunal will handle, including the
applicant or a claimant, a complainant or appellant and
respondent. Other participants such as witnesses,
lawyers, or agents are not parties. (Lucie is an
applicant and Javed is a respondent so they are both
parties in this case.)
2.
Person or organization that made a contract or an
agreement with another. (Pierre and Jim are the only
parties to the contract.)
A lie told by a person under oath (written in an
affidavit or spoken while giving testimony).
(While testifying, Vincent lied and committed perjury.)
A meeting of the parties and the tribunal or
mediator before the formal, main hearing of the case to
decide on the issues in dispute, to set dates for steps
like disclosure of evidence, and to set the length of
time needed for the hearing. (At the pre-hearing
conference, the parties were actually able to settle
their disagreement.)
Prejudice
3.
Bias: agreeing with one side over another without good
reasons. (Ali suffered prejudice [1] because he lost his
job when he was in an accident. His case was then again
prejudiced [2] because he was not able to take his claim
to court after a member of the Workers' Compensation
Tribunal made a decision against him that was based on
racial prejudice [3].)
Request made to a tribunal before the hearing starts, on
preliminary issues or preliminary matters.
Preliminary motions can also be called preliminary
applications or interim motions. (The
respondent's preliminary motion challenged the
jurisdiction of the tribunal.)
An affidavit or receipt that confirms that another
document was served to a witness or a party and tells
when and how the document was served. (The proof
of service shows that the notice of motion was served on
the respondent on Monday, December 11, 2007, by hand
deliver.)
Hearing that the public can attend or find out about.
The public means people other than the parties, their
lawyers, agents or witnesses, and the decision-maker and
staff of the tribunal.
Q
Almost like a judge or court of justice.
(Tribunals are called quasi-judicial because they act
like courts when they resolve disputes.)
R
When a tribunal reviews its own decision, so that it can
check if the decision is correct. (Reconsideration
is sometimes called reopening or rehearing.)
A way to help a person who suffered harm. (The
tribunal considered what redress mechanism was available
to it.)
Making rules and enforcing them to control some
activity. (The Milk Board regulates the sale of
milk products.)
Rules made to provide detail to statute law; each Act
has its own regulations. (A regulation can also be
called an order, rule, form, or by-law.)
Fact or thing linked to an issue or dispute, relevant
because it helps prove that something happened or didn't
happen, or that something exists or doesn't exist.
(The doctor's report is relevant evidence that shows
when Julia became sick.)
To correct a situation or make it good again; a way to
put right or help out a person who has been injured or
harmed, or to make sure that a person's rights will be
respected or that something does not happen again.
(The tribunal ordered Christina to leave her apartment
because she has not paid rent for the last few months,
which was the remedy Betty had asked for.)
To make a decision and publish it to the parties or the
public. (The tribunal promised to render a
decision before the end of the month.)
2.
To claim something about a fact. (Counsel for the
applicant represented to the tribunal that the applicant
had been illegally fired.)
Person who acts for another person. (Margaret's lawyer
Alex is her representative and all correspondence goes
to him.)
To ask for something. (Guy requested the
tribunal adjourn the hearing.)
Person against whom an appeal, an application, a
complaint, or a claim is made, and who must respond or
answer to the appeal, application, complaint, or claim. (Marcus filed a complaint against Bridget, so Bridget is
the respondent.)
Person who did not bring the case but is affected by it.
(Zoe asked the tribunal to make Laila
disclose her evidence. Laila becomes the responding
party for this one motion.)
3.
Legal concept that justifies behaviour that would
otherwise be illegal. (The response explained why the
person was fired without any warning. This is also
called defence of cause.)
2.
Giving something to a person to makeup for their injury
or a loss. (The tribunal ordered and Andrew received
$500 in restitution.)
To check over something to make sure it is correct, or
to reconsider it, such as when a tribunal may check its
own decision, or a court considers a decision of a
tribunal. (The decision was reviewed by a new
panel of members.)
A liberty or privilege that the law says a person can do
or have. (You may have the right to be represented
by a lawyer at a tribunal, but you may not have the
money for it.)
A set of rules that a tribunal uses to figure out if
some fact or thing can be accepted for its
consideration: Is it relevant, reliable, necessary, and
fair? (The lawyers started arguing over the rules
of evidence and how they applied to admitting the store
receipt.)
Rules containing the steps to take and documents
to use for a case at a tribunal. (The Rules of
Procedure indicate the time limit for asking the
tribunal to review a decision.)
S
To deliver, mail, or hand over documents to someone
according to the rules of procedure that apply to the
tribunal. (The tribunal ordered the documents to
be served by registered mail to the respondent's last
known address.)
Agreement ending a dispute; it is usually written
down and signed by the parties. (With help of a
mediator, Edith and Ivan found a solution to their
dispute and reached a settlement.)
To divide something or break it up into parts.
(Janet's application to the tribunal deals with two
different, unrelated respondents so the tribunal decided
to server the application, so that each can be dealt
with separately.)
A law made by the government, often called an Act. (The
Divorce Act is a statute.)
To suspend or put off until later, such as a stay of a
decision during an appeal or a stay of a case forever.
(Tammy applied to stay the decision because she does
not want to have to follow the decision until the court
finishes its review.)
2.
When a party tells a decision-maker of its opinion about
something; can be written submission. (During the
hearing, Gio submits that his employer discriminated
against him.)
Argument made or position taken by a party during a
hearing; it can be written. (My lawyer made a
submission on how the new law should apply to my case.)
Serious harm or injury or interference with a right.
(The tribunal allowed Brian to file his complaint late
because the other parties would not experience
substantial prejudice by the late filing.)
To show evidence to prove something. (Mira showed
the dates in her lease agreement to substantiate that
her lease was for one year.)
2.
To serve someone with a summons. (Agatha was summoned
to appear next Monday at 9 a.m.)
T
To take an oath and give oral evidence in a hearing.
(Josie asked Tia to testify at the hearing.)
Answers given by a witness at a hearing. (Tia's
testimony lasted about an hour.)
Amount of time a person has to do something; also, a
deadline. (Corinna has a time limit of 60 days
to appeal a decision.)
V
2.
To declare that something is not legally valid and has
no effect under the law. (The tribunal decided to void
a notice sent by Patricia to Malik.)
W
Person who knows something about a case and is
called to a hearing to answer questions under oath.
(As a witness at the hearing, Courtney will testify
about Martin's accident.)
The tribunal members' written explanation of their
ruling, including any orders and remedies in it.
(It is our practice to send the parties the written
decision within a month after the hearing takes place.)
Type of hearing in which the decision-maker
examines written evidence and arguments of the parties
to make a decision about their dispute. Written
hearings are sometimes called paper hearings. (The
written hearing has not taken place because the written
arguments were late due to a snowstorm.)
Last Reviewed or Updated:
2009-01-08 |
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