Official Receiver a government official in the Office of the Superintendent of Bankruptcy who receives proposals, examines bankrupts under oath, and chairs meetings of creditors. Each owner has a defined share and can transfer that share. Declaration (condominium) document stating that the property is governed by the Condominium Act, 1998 and providing the consent of all mortgagees of the property, setting out the percentage of common elements associated with each unit and the percentage of common expenses that each unit owner will be required to pay, providing the address of the condominium corporation, and designating exclusive use common elements. Termination for cause termination by the landlord on fault grounds. A word related to hearing. The latter commonly take place when an individual is charged with violating rules that come under the agency's jurisdiction—for example, violating a Pollution regulation of the EPA, or, if incarcerated, violating behavior standards set for prisoners by the Department of blurring of this distinction occurs, which is important given the generally more relaxed standards that apply to some administrative hearings. Political unionism union activity that goes beyond negotiation and enforcement of a collective agreement to embrace broader political issues of importance to workers. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute.
Recital statement that sets out background facts on which a document (for example, a contract) is based. For example: buying a house, condo or land. Enabling legislation a statute that sets out the powers of an agency; it is often, but not always, the statute that establishes the agency; some agencies are established by one statute but carry out functions under several statutes, each of which may give it powers for the purpose of the functions governed by that statute. Word following legal or hearing aid. Oath - A solemn pledge made under a sense of responsibility. Simultaneous conveyance two abutting parcels of land conveyed at the same time to two different people. Representation a statement made to induce someone to enter into a contract.
Party under disability in Small Claims Court, a person or party who is (a) a minor, (b) mentally incapable within the meaning s. 6 or 45 of the Substitute Decisions Act, 1992, or (c) an absentee within the meaning of the Absentees Act. Functus officio Latin term meaning "having discharged its duty"; having made its decision, the tribunal has exhausted its authority and cannot change the decision except where a statute expressly provides otherwise or in certain exceptional circumstances permitted by the courts. Allowed on consent an appeal that may be allowed if the minister concedes to the appellant's position. Property (land titles registration) term used to describe area of land created by the division of blocks during the remapping of land under POLARIS. Bar sponsored client-lawyer mediation programs can be a good first step if efforts to work the problem out with the lawyer have not succeeded. Co-owner someone who owns property in common or jointly with one or more other persons. Probate - Court proceeding by which a will is proved valid or invalid. Institutional bias bias or the appearance of bias on the part of a group of decision-makers in an agency, or of the agency as a whole, arising from aspects of the agency's structure or functions that suggest a lack of independence from a government official or body affected by a decision of the agency. Term (corporate law) when applied to the election of directors, the period of time for which the director is elected to act as a director. Sponsorship agreement holder (SAH) an established, incorporated organization that has signed an agreement with the minister of CIC to facilitate refugee sponsorship. Per annum Latin for "per year". Evidence which one side is not obliged to provide to the other side. What is a hearing in legal terms. It is forbidden by the Fifth Amendment to the United States Constitution. Costs of disposition costs of disposing of the property, including real estate commission and legal fees.
Court of competent jurisdiction with respect to the power to grant a remedy under s. 24 of the Charter, a body that (a) possesses jurisdiction over the parties, (b) possesses jurisdiction over the subject matter, and (c) has jurisdiction to grant the remedy requested. Deemed accepted as conclusive of a certain state or condition in the absence of evidence or facts usually required to prove that state or condition. At the Hearing: What is hearsay. The Tribunal is neutral. Manager a worker whose decisions affect the economic livelihoods of other workers by actions such as hiring or firing other workers. Specific performance a remedy requiring the party who is in breach of a contract to perform his or her obligations under the contract. Person who appears to have a financial interest in the estate person who has enough standing with respect to the estate to invoke the powers of the court. Confidential a worker who regularly has access to information that is normally kept from the union and who would be in a conflict of interest if he or she were included in the bargaining unit.
These hearings are conducted by a civil servant called a Hearing Examiner at the state level and known as an administrative law judge at the federal level. Offer a promise to do something or give something of value to another person; if the other accepts the offer, a binding contract exists. Parol evidence rule if a contract is in writing and is clear, no other written or oral evidence is admissible to contradict, vary, or interpret the agreement. Proportionality the principle that the sanction must fit the offence. Exclusive use common elements areas of the condominium development owned by all unit owners but for use only by designated unit owners. Force majeure a major event that the parties to a contract did not foresee or anticipate that prevents performance of the contract and thus terminates it; such an event — for example, a natural disaster or war — is outside the control of the parties and cannot be avoided with due diligence. 117(1)(g)(ii) and 117(3)(f) and (g)).
Pecuniary or proprietary interest concerned with financial or ownership matters. Rules of evidence - Standards governing whether evidence in a civil or criminal case is admissible. Summary proceedings. Teraview software used to access the electronic land registration system in Ontario. Disposition clause instructions regarding how an estate is to be distributed among the beneficiaries. Support creditor a person to whom child or spousal support is owed by a debtor. Durable solution a lasting solution to a refugee's temporary status: local integration in the country of asylum, voluntary return to the refugee's home country (repatriation), or resettlement in another country.
Withdrawn a decision by the prosecution to remove the charges against the defendant. Vendor seller of a property. It also decides if the complaint was filed within the time limit. Bad-faith bargaining the practice of engaging in bargaining with no intention of making an agreement with the other party. Offence notice document that gives notice of he commencement ofsome types of provincial offence prosecutions; commonly called a "ticket". Internal responsibility system an approach to health and safety that is based on the belief that healthy and safe workplaces require the participation of all the workplace parties. Customary international law law customs and practice that take on the force of law over time. Mortgagee lender who holds a mortgage. Mitigate to take steps to minimize or reduce the damages one will suffer as a result of another's breach of contract. Plain language drafting the modern style of drafting legal documents that employs plain, ordinary language and emphasizes clarity, precision, and brevity. Non-blended payment charge payment that does not blend or combine principal and interest into equal payments; the amount of principal repaid each month is a fixed amount and the amount of interest is calculated on the outstanding principal at the time. She must give a copy of the notes to the company. A right to use someone else's land for a specific purpose, such as a right of way. Issued capital number of shares issued and outstanding in the capital of the corporation.
Retainer - A term sometimes used to describe the fee which the client pays when he or she retains the attorney to act for them. Legal formalities of marriage the form a marriage ceremony must take. G. garnishee any person who owes money to the debtor; if the debtor is employed, then the employer is the garnishee, because the employer owes the debtor employment income; if the debtor has a bank account, then the bank is the garnishee, because the bank owes the debtor the money held in the bank account. A person or entity who is not directly involved or impacted by court proceedings but who is allowed to participate by the court on the basis that it may be able to assist the court in making its decision. A ward of court is a person under the care and protection of the court because they are unable to look after themselves. Corporation a legal entity distinct from its shareholders or members, brought into existence by filing a document under the appropriate statute or special statute of the jurisdiction in which the corporation carries on business, with liability separate from its shareholders or members, and vested with the capacity of continuous succession. The person signing the affidavit must promise that the statement is true. Exemption order a court order that may be obtained by a vendor granting an exemption from the requirements of the Bulk Sales Act where it is demonstrated that the sale in bulk will not prejudice the creditors of the vendor.