Paralegal Glossary

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Welcome to our comprehensive paralegal glossary. Whether you’re a legal professional, student, or simply curious about legal terms, this resource provides clear definitions and explanations. Explore the essential terminology used in the legal field, demystifying complex concepts and empowering you with knowledge.

Affidavit

An affidavit is a formal written declaration, typically prepared by the 'affiant' or the person who makes the statement, confirming the facts within are true and accurate to the best of their knowledge. This document must be sworn or affirmed to be the truth under penalty of perjury in the presence of a Commissioner of Oaths, Notary Public, or another official legally empowered to administer oaths. It is commonly used in legal proceedings and other situations where a verified statement is required.

Affidavit for Jurisdiction

An Affidavit for Jurisdiction is a specific type of affidavit where the affiant asserts that the legal matter or case at hand falls within the geographical and subject matter boundaries of the court where the claim is filed. This sworn statement confirms that the court in question has the authority to hear the case and make legal judgments on the issues presented, based on the locations or actions of the parties involved or the nature of the legal issue itself. It is a crucial document used to establish the appropriateness of the venue for judicial proceedings.

Affidavit of Service

A document sworn by an individual who has served court documents to a party in a legal proceeding, detailing how, when, and where the documents were served.

Amicus Curiae

A term referring to someone who is not a party to a case but who offers information or expertise relevant to the case to the court.

Assessment Hearings

Assessment Hearings are a step in the small claims process, particularly when a defendant fails to respond to a Plaintiff's Claim by not filing a defence within the given 20-day period. When this happens, the plaintiff may have the defendant noted in default, which can lead to a judgment against the defendant.
For liquidated debts, where the amount owed is a determinable sum of money, the plaintiff can often obtain a default judgment by filing the necessary documents with the court office, allowing the court clerk to issue the judgment. This method, while straightforward, may limit the amount of costs the plaintiff can recover.
For non-liquidated debts, where the amount owed isn't a fixed sum and requires a judge's determination, the plaintiff must request an Assessment Hearing. During this hearing, a judge evaluates the claim to decide on the judgment amount. The filing cost for an Assessment Hearing is $308.00, which the plaintiff can typically recover as part of the judgment if successful. This hearing ensures that the plaintiff receives a fair assessment of costs associated with the claim.

Breach of Contract

Breach of Contract occurs when one or more parties involved in a legally binding agreement fail to fulfill their contractual obligations. This could be due to unclear terms, lack of legal capacity to engage in the contract, unequal bargaining power, illegal conditions, or simply a failure to perform as promised. The simplicity of contract law's intention—to outline and stabilize business dealings—often contrasts with the reality of disputes arising from these varied and complex issues. When a breach is claimed, it typically leads to legal proceedings where the disputed aspects of the contract and the performance of the parties are examined and adjudicated.

Claim

A Claim, in the legal context, is a formal written statement filed by the plaintiff(s) with the court to initiate a lawsuit. This document outlines the specific relief or remedy sought by the plaintiff, which could be a sum of money, the recovery of personal property, or other forms of restitution. Additionally, the claim details the reasons for seeking such relief, laying out the factual and legal grounds on which the plaintiff bases their case against the defendant. It is the foundational document that sets the stage for the legal proceedings to follow.

Communications

Communications play a crucial role in litigation, serving as key evidence to support a party's claims or defense. Whether you are the plaintiff or the defendant, documenting interactions can significantly impact the outcome of a legal dispute.
In scenarios such as disputes with contractors over the quality or completion of work, having a record of written communications (such as texts, emails, or letters) sent at the time of the events can be invaluable. These documents should detail the issues encountered, providing a contemporaneous account rather than a retrospective summary.
Effective communication involves not just raising issues as they arise, but doing so in a clear, precise, and polite manner. Keeping a written record of these communications, including any responses, helps establish a timeline and context for the dispute.
For verbal communications, it’s important to note the date, time, and details of the conversation, including the names of the individuals involved. Following up these discussions with a written confirmation helps to solidify the content and agreements made during these conversations. Such practices not only aid in preserving your memory of the events but also lend credibility to your account during litigation, reinforcing your position with documented evidence.

Default Judgment

A Default Judgment is a binding decision made by a court in favor of the plaintiff when the defendant fails to respond to a lawsuit. This occurs when the defendant does not file a defense to the plaintiff's claim within the prescribed time frame, or if the defendant's defense has been legally struck out or withdrawn. In such cases, the court assumes the defendant has no rebuttal or defense against the claims, and thus, grants judgment in favor of the plaintiff, typically awarding the relief or damages sought in the claim. Default judgments expedite the resolution of cases where the defendant is unresponsive or non-compliant, ensuring that the legal process can proceed even in the absence of participation from one of the parties.

Defence

A Defence is a formal legal document filed by the defendant in response to a claim brought against them by the plaintiff. This document outlines the reasons why the defendant believes they should not be held liable for the plaintiff's allegations or the damages being sought. Essentially, it presents the defendant's side of the story, offering explanations, justifications, or other legal grounds to contest the claim. The defence is a critical part of the legal process, as it sets the stage for the dispute resolution, whether through negotiation, mediation, or court proceedings. It's the foundational step in asserting the defendant's position and challenging the plaintiff's assertions.

Defendant

The Defendant is the individual or corporate legal entity against whom a lawsuit is filed. In legal proceedings, the defendant is the party that is accused of causing harm or wrongdoing as alleged by the plaintiff, who initiates the lawsuit. The role of the defendant is to respond to the plaintiff's claims, either by contesting the allegations, offering a defense, or in some cases, counterclaiming against the plaintiff. The defendant's engagement in the legal process is crucial for the resolution of the dispute through the judicial system.

Endorsement Record

The Endorsement Record in the context of small claims court refers to the official documentation of a judge's decision regarding any aspect of a case. When a judge makes a ruling on a particular matter or procedural step within the case, this decision is formally recorded in writing as the Judge's Endorsement. This endorsement then becomes part of the Endorsement Record, which is incorporated into the permanent court file for the case. It also serves as a Court Order, carrying legal weight and enforceability. The form used in small claims court for this purpose is officially titled "Endorsement Record/Order of the Court," underscoring its dual function as both a record of the judge's decision and a directive that must be followed by the parties involved in the case.

Eviction

The legal process by which a landlord seeks to remove a tenant from a rental property. Evictions in Ontario must follow the rules set out in the Residential Tenancies Act and are typically overseen by the Landlord and Tenant Board. Common grounds for eviction include non-payment of rent, persistent late payments, or the landlord needing the unit for personal use. Tenants have rights throughout the process, including proper notice and an opportunity to dispute the eviction.

Learn more about eviction in Ontario

Express Agreement

An Express Agreement is a type of contract where the terms, conditions, and intentions of all involved parties are explicitly stated and documented in writing. This clear articulation ensures that there is a mutual understanding of each party's responsibilities, obligations, and expectations. The advantage of an express agreement lies in its clarity and precision, reducing ambiguities and potential misunderstandings that might arise from verbal or implied agreements. By having the agreement in a tangible, written format, it provides a solid and enforceable reference point for the parties, should any disputes or questions regarding their commitments or the contract's provisions arise.

Failure to Repay a Loan

Failure to repay a loan, particularly in informal contexts like loans between friends or relatives, is a common issue. To safeguard against misunderstandings and defaults, it's crucial to formalize the loan through a written agreement. This contract should clearly state the loan amount, the interest rate (if applicable), expressed as an annual rate rather than monthly, and the specific terms of repayment, including the schedule and method of payment. A written agreement not only provides legal clarity but also helps maintain personal relationships by setting clear expectations and responsibilities for both the lender and the borrower. This approach ensures that both parties understand the financial commitment involved and can help prevent potential disputes or financial strain in the future.

Garnishment Hearing

A Garnishment Hearing is a legal procedure aimed at enforcing a monetary judgment. It comes into play when a debtor fails to satisfy a judgment debt. In such cases, the creditor can initiate garnishment proceedings against a third party (the garnishee), who holds money or assets on behalf of the debtor.
During the hearing, the court examines whether the garnishee possesses assets or funds belonging to the debtor and determines the validity of the creditor's claim to these assets. If the garnishee has not complied with the Notice of Garnishment (a legal document requiring them to withhold assets or funds from the debtor and pay them to the court or creditor), and has failed to provide a valid Garnishee’s Statement (explaining the non-payment), the court may issue a judgment against the garnishee.
Garnishment is an effective method for creditors to collect debts, especially when direct collection from the original debtor proves challenging. It legally obligates third parties who hold, or owe, money to the debtor to redirect these funds to settle the debt. This can include employers (for wage garnishment) or banks (for account garnishment) among others.

Injunction

A court order requiring a party to do or refrain from doing specific acts.

Judgment

A judgment is the conclusive decision made by a court at the end of a legal proceeding. It formally establishes the rights, responsibilities, and liabilities of each party involved in a lawsuit. This legal determination, which follows the initiation and thorough examination of the case, can pertain to various aspects such as financial compensation, property rights, or the enforcement of contractual obligations. A judgment serves as the final resolution of the dispute presented before the court, and it is legally binding on the parties involved. Once a judgment is issued, it typically provides the basis for enforcement actions if necessary, and it may be subject to appeal under certain circumstances.

Jurisdiction

Jurisdiction in the context of small claims court matters is a crucial aspect determining where a lawsuit can be initiated. According to the rules governing small claims courts, the plaintiff (the party initiating the action) is required to file their lawsuit in a court that is geographically linked either to the defendant (the person or entity being sued) or to the location where the cause of action (the event or events leading to the lawsuit) occurred.
Specifically, the action must be brought in the court located where the defendant resides or conducts their business, or where the incident or transaction that forms the basis of the lawsuit took place. This stipulation means that the plaintiff's own residence or place of business does not generally determine the jurisdiction for the lawsuit, except in cases where the cause of action coincidentally occurred in the same area where the plaintiff resides or works.
This rule aims to ensure fairness in legal proceedings by preventing plaintiffs from choosing a court location purely for their own convenience or strategic advantage. It also helps ensure that the defendant is sued in a location that is relevant to either their personal or business connections, or to the events in question.

Motions

A motion in the legal context, particularly in small claims court, is a formal request submitted to the court to ask for a specific order or decision regarding an ongoing case. This request is typically made when a party involved in the case (which could be an individual, a sole proprietorship, a partnership, or a company) needs the court to address a particular issue or change something about the case.
One common example of a motion in small claims court is the request to set aside a default judgment. A default judgment occurs when the plaintiff (the party initiating the lawsuit) is granted judgment against the defendant (the party being sued) without the defendant's knowledge, often because the defendant failed to file a defense in time.
When a defendant becomes aware of such a judgment, they can file a motion to have it set aside or canceled. This allows them the opportunity to then present their defense. To succeed in this motion, the defendant must typically satisfy a three-part test, proving specific elements to the court's satisfaction. If successful, the judgment is set aside, and the case proceeds, potentially leading to a settlement conference or trial.
A motion generally consists of two key components:

Notice of Motion: This document outlines the specific relief or remedy the filer is requesting from the court.
Supporting Affidavit: This is a sworn statement detailing the events and reasons why the court should grant the requested relief.

It's important to note that this explanation provides a basic overview and should not be construed as legal advice. Legal matters can be complex, and consulting a legal professional is crucial to ensure that your rights are adequately protected and that you navigate the process correctly.

Negligence

Negligence, in legal terms, refers to a failure to exercise the level of care that a reasonably prudent person would have exercised in similar circumstances, leading to harm or loss to another person. This concept is a fundamental aspect of tort law and involves situations where an individual's actions, or lack thereof, result in damage or injury to someone else.
To establish negligence, several key elements must be proven:

Duty of Care: The defendant had a legal obligation to act with a certain standard of care.
Breach of Duty: The defendant failed to meet this standard of care.
Causation: The defendant's actions, or lack of action, directly caused the harm or loss.
Damages: The plaintiff suffered actual harm or loss as a result of the breach.

Negligence can cover a broad range of scenarios, from simple accidents to complex professional malpractice. The essence of negligence is not just the occurrence of harm, but that the harm was preventable and was caused by a failure to act responsibly or cautiously under the given circumstances.

Non-payment of a promissory note

A promissory note is a negotiable instrument and can be sued upon without any other supporting documentation. For that reason, it can be more beneficial than a contract from the perspective of collections. Other than a limitation defence, there is no defence to a valid promissory note. As such, it is a very powerful document.
If you are owed money, having a debtor sign a promissory note can be very helpful to you, the creditor, if you have to sue the debtor to recover your money.
However, a promissory note must be prepared properly so that it meets the necessary requirements to be a promissory note and, therefore, a negotiable instrument. Not just any written promise to pay money meets the criteria required to be a promissory note even if it is so entitled. Accordingly, you should have a promissory note prepared by a qualified legal professional so that your promissory note will be valid and effective.
Payment terms refer to the conditions under which a seller will complete a sale. Typically, these terms specify the amount of time that a buyer has to pay for the goods or services they have purchased. Payment terms are an essential aspect of business transactions, as they help manage cash flow and establish clear guidelines for payment.

Payment Terms

Common types of payment terms include:

Net 30, Net 60, Net 90, etc.: This indicates that the full payment is due within 30, 60, 90 days, etc., from the invoice date.
Due on Receipt: Payment is required immediately upon receipt of the invoice.
Cash on Delivery (COD): Payment is made at the time the goods are delivered.
Down Payment: A portion of the payment is made upfront, with the remainder due at a later date.
Installments: The total cost is divided into multiple payments over a specified period.
Early Payment Discount: A discount is offered if payment is made before the due date.
Late Payment Penalties: Additional charges applied for payments made after the due date.

Setting appropriate payment terms is crucial for maintaining a healthy business relationship and ensuring financial stability. Terms can vary based on industry standards, the financial condition of the buyer, the nature of the goods or services, and the relationship between the buyer and seller.

Plaintiff

The Plaintiff is the individual or corporate legal entity that initiates a lawsuit by filing a claim in a court of law. This party alleges wrongdoing or seeks remedy from the defendant, who is the person or entity being sued. In the context of civil litigation, the plaintiff is responsible for proving their case and is typically seeking compensation, restitution, or specific performance related to a dispute involving money, property, or contractual obligations. The role of the plaintiff is central to the judicial process, as they are the ones bringing the matter to court for resolution.

Settlement Conference

A Settlement Conference is a crucial phase in the small claims court process, particularly in Ontario. It is a mandatory meeting scheduled by the court after a plaintiff has filed a claim and the defendant has responded with a defense. The primary purpose of a Settlement Conference is to provide an opportunity for both parties to discuss the issues of the case in a less formal setting than a trial, with the aim of reaching a mutually agreeable resolution without the need for a full court hearing.
During a Settlement Conference, the parties, often with legal representation, engage in negotiations under the guidance of a judge or a court-appointed mediator. This process allows for:

Clarification of the Issues: Both parties get a chance to present their perspectives, clarify misunderstandings, and identify the key points of contention.
Exploration of Settlement Options: The judge or mediator facilitates discussions to explore potential solutions and compromises.
Saving Time and Costs: If a settlement is reached, it can significantly reduce the time and expenses associated with proceeding to a trial.
Confidentiality: Settlement Conferences are generally confidential, encouraging open and frank discussions.
Court Guidance: The presiding judge or mediator can offer legal insights and help the parties understand the strengths and weaknesses of their cases.

If a settlement is reached, it is typically recorded as a legally binding agreement. If no settlement is possible, the case proceeds to trial, where a formal judgment will be made. Settlement Conferences thus play a vital role in the efficient resolution of small claims court disputes.

Statute of Limitations

A law that sets the maximum time after an event within which legal proceedings may be initiated.

Subpoena

A document issued by the court ordering someone to appear in court and/or present documents or other evidence in a court proceeding.

Summary Judgment

A judgment given on the basis of pleadings, affidavits, and exhibits presented for the record without a trial. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgment as a matter of law.

Trespass

In Ontario, trespassing is regulated under the 'Trespass to Property Act', which provides the legal framework for addressing unauthorized entry onto someone's land or property. Trespass can lead to criminal prosecution, civil lawsuits, or both.
The most frequent form of trespass involves violating someone's possessory rights over their real property. This typically occurs when an individual enters someone else's land without legal authority, invitation, or permission. Once the property owner or a lawful occupant instructs the trespasser to leave, they must do so immediately. Failure to comply can result in the trespasser being arrested and charged under the Act.
The Act is designed to protect property rights and ensure that property owners have recourse against unauthorized intrusions. It helps to maintain respect for private property and provides a mechanism for enforcement when violations occur.