A |
Abate, abatement
|
Reducing or decreasing something. (The tribunal ordered an
abatement of rent.) |
Act |
Law made by provincial legislature or the federal parliament.
(The
Divorce Act of Canada is the law that explains how to get a
divorce.)
See also Law; Statute; Regulation |
Adjourn, adjournment |
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.)
See also Hearing: Preliminary motions |
Adjudicate, adjudication |
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.)
See also Adjudicator; Alternative dispute resolution; Decision;
Decision-maker |
Adjudicative function |
Power to make a decision using adjudication.
(Administrative tribunals perform an adjudicative
function when they resolve disputes between parties.)
See also Adjudication; Adjudicator
|
Adjudicator |
Official person who resolves disputes between parties.
(Members of administrative tribunals are adjudicators.)
See also Adjudication; Decision-maker
|
Admissible evidence |
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.)
See also Evidence; Rules of evidence
|
Administrative tribunal |
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.)
See also Act; Dispute
|
Affidavit |
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.)
See also Affirm; Evidence; Oath; Perjury
|
Affirm, affirmation |
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.)
See also Affidavit; Testify; Testimony
|
2.
When a court decision is approved by an appeal court.
(The Superior Court affirmed the decision of the Board
of Review.)
See also Appeal
|
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.)
See also Counsel; Represent; Representative
|
Agree, agreement |
1. Promises made by two or more people to each
other to do something or to not do something. (A
lease is an agreement in which the landlord promises to
rent to the tenant and the tenant promises to pay rent.) |
|
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.)
See also Contract, Settlement |
Allege, allegation |
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.)
See also Evidence; Fact
|
Alternative dispute resolution |
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.)
See also Dispute; Settle; Settlement
|
Amend, amendment |
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.)
See also Agreement; Contract; Law
|
Appeal |
1.
When a court checks a tribunal's decision to make sure
it was correct. (When an appeal is possible, it can be
"as of right" [a party does not need permission to
appeal] or "with leave" [a party must obtain permission
to appeal].) |
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.)
See also Appellant; Court; Respondent
|
Appellant |
Party who appeals a decision. (Emily appealed the
tribunal's decision because she disagrees with it.
Emily is the appellant.)
See also Apply, Application; Party; Respondent |
Apply, application |
1.
A party's request made to a tribunal, asking the
tribunal to order something. (Carla made an
application, asking a tribunal to order a witness to
attend a hearing.) |
2.
The document containing a party's request to a
tribunal. (An application contains the reasons for the
request.)
See also Applicant; Complaint; Claim; Motion; Respondent
|
Arbitrate, arbitration |
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.)
See also Alternative dispute resolution;
Arbitrator
|
Arbitrator |
Neutral and fair person who ends disputes using
arbitration. (The arbitrator had the witness sworn
in.)
See also Adjudicator; Arbitrate; Arbitration; Neutral |
Argument |
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.)
See also Closing argument; Hearing
|
Arrears |
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.)
|
Award |
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.)
See also Decision; Order
|
B |
Bad faith |
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.)
See also good faith |
Benefit |
Some payment given to a person by government or an
employer. (Jane's welfare benefit cheque was late
and her mother's employment insurance benefit cheque was
lost in the mail.) |
C |
Causal connection |
When one thing makes another thing happen. (There
was a causal connection between Marco leaving the tap
running and the bathroom floor flooding.) |
Certified true copy |
Document guaranteed to be an exact copy of an original
document. (Matthew received a certified true copy
of a tribunal's decision.) |
Chairperson, chair |
1.
Person in charge of a tribunal. (The tribunal's
chairperson is chosen by the provincial government.) |
2.
Person on a panel of a tribunal who has the final say in
a decision. (The chairperson decided in favor of the
applicant.)
See also Administrative tribunal |
Chronological order |
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.)
See also Affidavit
|
Claim, statement of claim |
1.
To make a demand to a tribunal and the reasons for the
demand. (Mark claims $2000 from Tina for firing him
illegally.) |
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.)
See also Claimant; Remedy |
Claimant |
Party who makes a claim. (Mark is the
claimant in the claim against Tina, who becomes the
respondent.)
See also Claim; Party; Respondent
|
Closed hearing |
A hearing that is closed to the public and open only to
the parties, their lawyers, agents, and witnesses, and
the decision-makers and staff of a tribunal. Part
or all of a hearing may be
closed. The information related to a closed hearing may
be confidential. A closed hearing can also be called an
in camera hearing. (A journalist cannot
attend a closed hearing.)
See also Confidential; Hearing; Public hearing |
Closing argument |
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.)
See also Argument; Submission
|
Code of conduct, code of ethics |
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.)
See also Conflict of interest, Impartial; Neutral
|
Collective agreement |
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.)
See also Agreement, Contract
|
Commission |
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.)
See also Administrative tribunal; Regulate
|
Commissioner |
Decision-maker who works at a commission. (The
commissioner adjourned the hearing.)
See also Commission; Decision-maker |
Compensation |
1.
Something given to a person to make up for harm they
suffered or for something they lost. (Serena broke
Gabriel's window. Gabriel asked Serena for compensation
in the amount of money it cost him to fix the window.) |
2.
Money paid to a person for working. (Janet's
compensation was increased so her annual salary is now
$40,000.)
See also Damages; Remedy |
Complainant |
Party who makes a complaint. (Annie is the
complainant in a case against her employer, who is the
respondent.)
See also Claimant; Complaint; Party; Respondent |
Complaint |
1.
Request made by a party to a tribunal to order
something. (Annie filed a complaint of discrimination
against Adam, asking for $5000 in compensation.) |
2.
Document containing a request made by a party to a
tribunal that explains the reasons for the request.
(Annie's complaint explains that Adam discriminated
against her because she is a woman.)
See also Application; Claim; Complainant; Motion |
Conciliation |
A way to resolve disputes using a conciliator. (An
employer and a trade union may
use conciliation to reach a collective agreement.)
See also Alternative dispute resolution; Conciliator;
Mediation |
Conciliator |
Neutral and fair person who helps parties resolve their
dispute through conciliation. (The
conciliator met with each party separately first.)
See also Conciliation; Negotiation; Neutral |
Confidential |
Private or secret information. (Lisa tells her
lawyer Martha about some problems with
her landlord that she wants kept confidential.)
See also Closed hearing |
Conflict of interest |
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.)
See also Code of conduct; code of ethics; Impartial;
Neutral
|
Consent |
Give permission or agree. (Karim consents
to try mediation to resolve his dispute with a
classmate.)
See also Alternative dispute resolution; Mediation
|
Contest |
To be against something; to dispute something.
(Peter has decided to contest a tribunal's decision by
appealing it.)
See also Appeal; Dispute; Response
|
Contract |
1.
Promises made by two or more people to each other to do
something or not do something. (Monica signed an
employment contract with Irene for her work as Monica's
assistant.) |
|
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.)
See also Agreement, Settlement |
Costs |
1.
Money spent by a person to have a case heard by a
tribunal, including fees paid to the tribunal and some
money paid to a witness and a lawyer. (Jane, the
applicant, was ordered to pay costs to Raj because Jane
had acted in bad faith.) |
|
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.)
See also Bad faith
|
Counsel |
1.
Lawyer representing a party before a tribunal. (Counsel
for the respondent asked for a short adjournment.) |
|
2.
To give advice to someone. (Hal was able to counsel
Michael not to lose his temper.)
See also Agent; Represent; Representative
|
Cross-examination |
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.)
See also Examination; Hearing; Re-examination; Witness
|
Court |
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.)
See also Adjudication; Appeal; Decision-maker; Judicial
review; Law
|
D |
Damages |
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.)
See also Compensation; Remedy
|
Decide, Decision |
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.)
See also Adjudication; Award; Oral decision; Written
decision
|
Decision-maker |
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.)
See also Adjudicator; Chair; Chairperson; Decision;
Member
|
Deduction |
Money that is taken away or held back for something.
(The employer made deductions from Sal's pay cheques for
union dues and taxes.) |
Default |
1.
Not doing something that had to be done under the law or
a contract. (Naomi missed a few mortgage payments, so
she is now in default with the bank.) |
2.
Missing a hearing at a tribunal or not providing
documents that are needed. (Sophie did not to go to the
hearing of her case, so the tribunal made a default
order against her.)
See also Agreement; Contract; Law; Obigation |
Defence |
See Response |
Defendant |
See Respondent |
Diligence |
1.
Showing the necessary care and attention. (Doing
something with diligence means doing it carefully.) |
2.
Doing something quickly and efficiently. (The lawyer
sent the notice with diligence.) |
Disclose, disclosure |
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.)
See also Affidavit; Confidential; Exhibit
|
Disclosure of evidence |
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.)
See also Disclose; Disclosure; Evidence; Hearing;
Preliminary motion
|
Discontinue |
Giving up something; putting an end to something.
(Pascal and Lina settled their
dispute so they want to discontinue the case.)
See also Settlement
|
Discretion |
Freedom given to a decision-maker, by the law, to
decide how to manage the processing of a
complaint or to resolve a dispute. (The Appeal Court
said the question was decided in the arbitrator's
discretion.) |
Discriminate, discrimination |
When a person or a group of people is treated
differently from other people because of
their personal characteristics such as their race,
gender, sexual orientation, or religion. (It
is discrimination for an employer not to hire Roman
Catholics.)
See also Prejudice |
Dismiss, dismissal |
1.
To fire an employee. (The employer dismissed the
employee without any explanation.) |
2.
To refuse to deal with someone or something; to end
something, like a hearing. (The tribunal dismissed her
claim because of lack of evidence.) |
Dispose of the complaint on the merits, disposition of
the complaint on the merits |
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.)
See also Adjudication; Issue in dispute; Merits
|
Dispute |
1.
To argue against or to question. (Derek disagreed with
a complaint made against him, so he disputed it.) |
2.
A quarrel or disagreement between people or
organizations. (The dispute came up between Gerald and
the government because the government refused to issue a
parade permit to him.) |
E |
Elapse |
To let pass by or go by, like the passage of time.
(Over two weeks have elapsed since the hearing.) |
Electronic hearing |
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.)
See also Oral hearing; Written hearing
|
Enforce a right |
To make sure that a right will be respected. (The
tribunal can provide remedies to enforce a right that is
being interfered with.)
See also Remedy; Right
|
Evidence |
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.)
See also Admissible evidence; Allegation; Expert
evidence; Rules of evidence; Testimony |
Ex parte |
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.)
See also Default; Notice; Proof of service
|
Examination, direct examination |
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.)
See also Cross-examination; Re-examination, Testimony
|
Exhibit |
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.)
See also Admissible evidence; Evidence; Rules of
evidence.
|
Expert evidence |
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.)
See also Admissible evidence; Expert witness. |
Expert witness |
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.)
See also
Expert evidence; Witness
|
Expropriate, expropriation |
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.)
See also Compensation
|
F |
Fact |
1.
A truth that a person knows from his or her own
experience of it. |
|
2.
Something that can be proved through evidence to exist
or to have happened. (The fact is that Nadia started
her new job on March 1, 2006, and she can prove this by
showing her first pay cheque that indicated her first
day of work.)
See also Allegation; Evidence |
Fees |
1.
Money paid for services. (The fees were paid to the
lawyer for the work she did at the hearing.) |
|
2.
Money paid to register something or to put in documents
at a tribunal or court. (The fees for service of a
summons by the agent are $25.)
See also File |
File |
1.
Something like box, envelope, or folder holding
information and documents for each case brought to the
tribunal. (The case file contains documents such as the
application, written evidence, notices, and so on.) |
|
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.)
See also Admissible evidence; Evidence |
G |
Good faith |
Acting honestly and fairly; doing something with sincere
intentions; having an honest reason for doing something.
(The employer's argument that there was cause for
dismissing the employee was made in good faith.)
See also Bad faith |
Grievance |
1.
When a person thinks that something is illegal or unfair
or is denied a right. (The claim was filed because of
John's grievance against his mother.) |
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.)
See also Collective agreement; Dismiss; Right
|
Grounds |
Reasons for doing something; reasons behind something.
(Ellen asks for adjournment of the hearing on the
grounds that her main witness is in the hospital.) |
H |
Hearing |
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.)
See also Closed hearing; Electronic hearing; Oral
hearing; Public hearing; Written hearing |
Hearsay |
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.)
See also Evidence; Testify; Witness
|
Impartial |
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.)
See also Code of ethics; Neutral
|
Incident |
An event; something that happens. (Carlos was
injured at work in an incident involving three others.) |
Independent |
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.)
See also Impartial; Neutral
|
Infringement of rights |
When someone's rights have been violated; something that
interferes with a person's rights. (The new
regulations are an infringement of rights of the co-op
residents.)
See also Right |
Interim order |
1.
Order made by a decision-maker before the time of the
final decision. (A commissioner gave an interim order
requiring the parties to disclose their evidence.) |
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.)
See also Order; Stay
|
Investigate, investigation |
Carefully trying to find out the truth about something.
(The employer had carried out an
investigation to learn more about the claims.) |
Issue in dispute |
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.)
See also Dispute
|
J |
Judicial review |
When a court checks over a decision made by a tribunal
to make sure the tribunal did not
go beyond what it is allowed to do under the law or did
not fail to do what it should have done.
See also Appeal; Jurisdiction; Mandate of an
organization; Reconsideration; Review; Stay |
Jurisdiction |
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.)
See also Act; Judicial review; Mandate of an
organization; Preliminary motion; Reconsideration.
|
L |
Law |
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.)
See also Act; Legislation; Obligation; Regulation;
Right; Statute
|
Lawyer |
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.)
See also Counsel; Law; Represent; Representative
|
Leading question |
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.)
See also Cross-examination; Examination; Open question;
Re-examination
|
Leave of appeal |
Permission to appeal a tribunal's decision. (Fiona must
get leave to appeal from a court before she can appeal a
tribunal's decision.)
See also Appeal
|
Legal |
1.
Related to the law or created by the law. (The agent
explained the purchaser's legal obligation.) |
2.
Permitted by the law. (The parade was not a legal
activity because the permit had been refused.) |
Legislation |
Type of law made by the government; statutes and
regulations. (The Divorce Act is
legislation that deals with divorce.)
See also Act; Law; Regulation; Statute
|
Liable |
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.)
See also Law; Liability
|
Liability |
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.)
See also Contract; Damages; Liable; Obligation
|
M |
Mandate of an organization |
Activities that an organization must carry out; a
tribunal can do only the things that
the law requires it to do. (The Labour Relations
Board cannot handle issues that are outside the mandate of the
organization.)
See also Judicial review; Jurisdiction; Reconsideration |
Mandatory |
When something is required to be done. (It is a
mandatory requirement to serve
documents by registered mail.) |
Mediation |
One way to settle disputes; a person called a mediator
helps the parties work out a solution to their dispute.
A meeting with a mediator may also be called a
settlement meeting or a settlement conference.
(Before filing a grievance, the parties decided to try
mediation.)
See also Alternative dispute resolution; Conciliation;
Mediator; Settlement |
Mediator |
Neutral and fair person who helps people talk through
and solve a problem without
taking sides. (The mediator first met with each side
alone to hear their stories.)
See also Arbitrator; Impartial; Mediation; Neutral |
Member |
Person who holds hearings and makes decisions at an
administrative tribunal. (Your file has been
assigned to a member of the tribunal.)
See also Adjudicator; Administrative tribunal;
Decision-maker |
Merits |
Real issues in the application, complaint, claim, or
appeal. (This decision was
made on the merits and not for any technical reason.)
See also Dispose of the complaint on the merits.
|
Mitigate |
Reducing or limiting harm or a loss. (Mike is
suing his employer for firing him illegally but he
should look for a new job to mitigate his losses.) |
Monetary award |
Decision of a tribunal giving money to a party.
(Mike expects to receive a monetary
award, but he cannot wait for that.)
See also Award; Compensation; Damages
|
Monetary remedy |
Decision that a tribunal can make that gives money to a
party. (Alicia got $6000 in damages as a monetary
remedy, plus she got her job back.)
See also Award; Compensation; Damages; Remedy |
Motion |
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.)
See also Disclosure of evidence; Interim order; Moving
party |
Moving party |
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.)
See also Motion; Party |
N |
Negotiate, negotiation |
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.)
See also Agreement; Alternative dispute resolution;
Contract
|
Neutral |
Not biased or prejudiced. (Decision-makers at
tribunals must be neutral.)
See also Arbitrator; Code of conduct; Code of ethics;
Impartial; Mediator |
Non-monetary remedy |
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.)
See also Award; Monetary award; Monetary remedy; Order;
Remedy |
Notice |
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.)
See also Ex parte; Default; Notice of motion;
Notification; Proof of service.
|
Notice of motion |
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.)
See also Interim order; Motion; Notice. |
Notify, notification |
Informing a person about something. (The
tribunal asked for proof that Jake received notification
of the hearing.)
See also Notice
|
O |
Oath |
How a person promises or swears to tell the truth when
giving testimony or making an
affidavit. (Adele took an oath and swore that her
affidavit was true.)
See also Affidavit; Affirm; Perjury; Testify; Witness |
Objection |
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.")
See also Admissible evidence; Evidence; Rules of
evidence
|
Obligation |
A duty created by the law or something that has to be
done. (The employer has an obligation to do what the
tribunal ordered it to do.)
See also Mandatory |
Omit, omission |
Not doing something that a person is required to do by
law; a person may be held liable for their omission.
(Drivers who don't stop at
red lights can be held liable for their omission.) |
Open question |
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?")
See also Cross-examination; Examination; Leading
question; Party; Re-examination; Witness
|
Opening statement |
What a party says at the beginning of a hearing, before
giving their evidence, to explain the issues in dispute
and the evidence that they will have. (In his
opening statement, Harry explained the other kinds of
evidence he would present.) |
Oral decision |
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)
See also Decision; Hearing; Written decision |
Oral evidence |
Answers given by a witness in testimony at a
hearing. (The complainant's mother is in hospital
and not able to give oral evidence.)
See also Affidavit; Cross-examination; Examination;
Re-examination; Testimony; Witness |
Oral hearing |
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.)
See also Closed hearing; Electronic hearing; Oral
hearing; Public hearing; Written hearing |
Order |
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.)
See also Compensation; Damages; Decision; Interim order;
Redress mechanism; Remedy; Restitution
|
P |
Pain and suffering |
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.)
See also Damages; Remedy |
Party, parties |
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.)
See also Agreement; Appellant; Applicant; Claimant;
Complainant; Contract; Respondent
|
Perjure, perjury |
A lie told by a person under oath (written in an
affidavit or spoken while giving testimony).
(While testifying, Vincent lied and committed perjury.)
See also Affidavit; Affirm; Oath; Testimony
|
Pre-hearing conference |
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.)
See also Disclosure of evidence; Hearing; Issue in
dispute; Mediator; Settlement |
Prejudice
|
1.
Injury or harm |
2.
Not being able to act on a right |
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].)
See also Code of ethics; Discrimination; Impartial;
Neutral; Right
|
Preliminary motion |
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.)
See also Adjournment; Disclosure of evidence; Interim
order; Jurisdiction; Motion
|
Procedure |
Steps to take and documents to use for a case at a
tribunal. (The rules of procedure tell how to send
notices to other parties.)
See also File; Notice; Rules of procedure; rules of
practice and procedure; Time limit |
Proceeding |
1.
The case being taken through the steps at a tribunal. |
2.
The activity in a case at a tribunal. (There has been a
motion for adjournment of this proceeding.) |
Proof of service |
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.)
See also Notice; Notice of motion; Serve
|
Provision |
A part of a law, or a regulation, or a contract, a
will, or other legal document. A provision can
also be called a clause, paragraph, section, article, or
term. (The respondent claims that this provision of the
Act violates the Charter of Rights.) |
Public hearing |
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.
See also Closed hearing; Hearing
|
Q |
Quasi-judicial |
Almost like a judge or court of justice.
(Tribunals are called quasi-judicial because they act
like courts when they resolve disputes.)
See also Adjudication; Decision |
R |
Reconsideration |
When a tribunal reviews its own decision, so that it can
check if the decision is correct. (Reconsideration
is sometimes called reopening or rehearing.)
See also Appeal; Judicial review; Review
|
Redress mechanism |
A way to help a person who suffered harm. (The
tribunal considered what redress mechanism was available
to it.)
See also Compensation; Damages; Remedy; Restitution
|
Re-examination |
Questioning a witness again, after cross-examination of
that witness, about new things talked about during
cross-examination. (After Guy is done with
cross-examination, Bob's re-examination of the witness
was meant to let her explain some answers she gave
during cross-examination.)
See also Cross-examination; Examination; Testimony;
Witness |
Regulate |
Making rules and enforcing them to control some
activity. (The Milk Board regulates the sale of
milk products.)
See also Law; Regulation
|
Regulation |
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.)
See also Act; Law; Legislation; Regulate; Statute
|
Relevant evidence |
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.)
See also Admissible evidence; Rules of evidence
|
Remedy |
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.)
See also Compensation; Redress mechanism; Restitution;
Right
|
Render a decision |
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.)
See also Adjudicate; Arbitrate; Decide
|
Represent |
1.
To speak or act in the place of another person. (Farah,
an advocate, represents Joseph at the hearing.) |
2.
To claim something about a fact. (Counsel for the
applicant represented to the tribunal that the applicant
had been illegally fired.)
See also Agent; Allege; Allegation; Counsel; Fact;
Lawyer; Representative
|
Representative |
Person who acts for another person. (Margaret's lawyer
Alex is her representative and all correspondence goes
to him.)
See also Agent; Counsel; Lawyer, Represent
|
Request |
To ask for something. (Guy requested the
tribunal adjourn the hearing.)
See also Application; Motion
|
Respondent |
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.)
See also Appellant; Applicant; Claimant; Complainant;
Party
|
Responding party |
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.)
See also Motion; Moving party
|
Response |
1.
Part of the hearing when a respondent presents evidence
and arguments against the other side. (After hearing
the claimant's evidence, the tribunal started to hear
the response's evidence.) |
2.
Documents containing the respondent's facts and
arguments. (A party must file a response after being
served with a claim.) |
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.)
See also Arguments; Evidence; Hearing; Respondent
|
Restitution |
1.
When a person returns something that they should not
have had in the first place. (Jared wrongly reported
his work hours so he had to repay Rose $100 to make
restitution.) |
2.
Giving something to a person to makeup for their injury
or a loss. (The tribunal ordered and Andrew received
$500 in restitution.)
See also Compensation; Damages; Redress mechanism;
Remedy |
Review |
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.)
See also Appeal; Judicial review; Jurisdiction;
Reconsideration
|
Right |
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.)
See also Law
|
Rules of evidence |
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.)
See also Admissible evidence
|
Rules of Procedure, Rules of Practice and Procedure |
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.)
See also Notice; Procedure; Time limit; Reconsideration
|
S |
Serve |
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.)
See also Notice; Proof of service
|
Settle, settlement |
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.)
See also Agreement; Alternative dispute resolution;
Conciliation; Mediation; Negotiation
|
Server |
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.)
See also Application; Parties
|
Speculate, Speculative |
When something is not practical or it is just a
guess because information is missing. (The
applicant's actual costs are only speculative at this
time, so I am going to adjourn the hearing until he can
bring in his receipts.) |
Statute |
A law made by the government, often called an Act. (The
Divorce Act is a statute.)
See also Act; Legislation; Law; Regulation
|
Stay |
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.)
See also Adjourn; Appeal
|
Submit |
1.
To hand in or give something. (Aaron hurried to submit
his response to the tribunal.) |
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.)
See also Argument; Hearing; Response; Submission |
Submission |
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.)
See also Argument; Closing argument; Hearing
|
Substantial prejudice |
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.)
See also Prejudice, Time limit
|
Substantiate |
To show evidence to prove something. (Mira showed
the dates in her lease agreement to substantiate that
her lease was for one year.)
See also Evidence
|
Summons |
1.
A summons is a written order that tells a person to show
up at a tribunal; it can tell a person to bring
documents or other things to the tribunal. (Agatha will
be a witness at a hearing so she received a summons that
tells her when to show up for the hearing next month.) |
2.
To serve someone with a summons. (Agatha was summoned
to appear next Monday at 9 a.m.)
See also Hearing; Order; Serve |
T |
Testify |
To take an oath and give oral evidence in a hearing.
(Josie asked Tia to testify at the hearing.)
See also Expert witness; Testimony; Witness
|
Testimony |
Answers given by a witness at a hearing. (Tia's
testimony lasted about an hour.)
See also Cross-examination; Examination; Re-examination;
Witness
|
Time limit |
Amount of time a person has to do something; also, a
deadline. (Corinna has a time limit of 60 days
to appeal a decision.)
See also Procedure; Substantial prejudice
|
V |
Void |
1.
When something is not legally valid, meaning it has no
effect under the law. (Ian and Sandra signed a contract
that turned out to be void.) |
|
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.)
See also Contract, Legal, Notice |
Voluntary |
Choosing to do something; not being forced to do
something. (Joanne's decision to take back her
accusation against her supervisor was voluntary.)
See also Consent |
W |
Witness |
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.)
See also Affirm; Cross-examination; Evidence;
Examination; Oath; Re-examination; Testimony
|
Written decision |
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.)
See also Decision; Oral decision; Order; Remedy
|
Written hearing |
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.)
See also Electronic hearing; Hearing; Oral hearing
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