Canadian Law Dictionary.
A legal doctrine whereby those who take too long to assert a legal right, lose their entitlement to compensation.
A land or building owner who has leased the land, the building or a part of the land or building, to another person.
An old English criminal and common law offence covering the unlawful or fraudulent removal of another's property without the owner's consent.
A person that has been trained in the law and that has been certified to give legal advice or to represent others in litigation. Also known as a "barrister & solictor" or an attorney.
A question which suggests an answer; usually answerable by "yes" or "no".
A contract between a property owner and a person where the property is rented.
Real property held under a lease.
Those assets which are attached to a building and cannot be removed from any property being leased.
A child custody decision which entails the right to make, or participate in, the significant decisions affecting a child's health and welfare (compare with physical custody and joint custody).
Written and approved laws. Also known as "statutes" or "acts."
Under the Bankruptcy and Insolvency Act the government has imposed a levy (in 2009 equal to 5%) over all dividends paid to creditors. Therefore, if a creditor is entitled to a $100 dividend, he will only get $95 with $5 being paid to the government.
Any legal obligation for which a person is responsible.
Defamation by writing such as in a newspaper or a letter.
A form of construction which allows a judge to consider other factors when deciding the meaning of a phrase or document.
Security for the holder against a debtor's assets, usually arising by operation of law rather than express contract between the parties.
A right to use and to enjoy land and/or structures on land only for the life of the life tenant.
The beneficiary of a life estate.
Provinces have Limitation Acts which provide a limit on the time by which an action must be started. For example, if an unsecured debt is not collected or payments are not made on the unsecured debt then after a certain time no legal action can be taken to collect the debt. In Ontario, the changes to the Limitations Act which came into force on January 1, 2004 sets two years as the term (Section 4).
A member of a partnership who has agreed to be liable only to the extent of his (or her) investment.
Adjacent, bordering or contiguous.
A person who is a direct descendant such as a child to his or her natural parent.
Compensation for non-performance or loss which is cash or easily converted into cash.
A dispute which is the subject of ongoing or pending litigation. Oftentimes, a lis pendens can be filed at the Land Registry Office against real property to denote to third parties that another party may have an interest in the property.
A form of construction which does not allow evidence extrapolated beyond the actual words of a phrase or document but, rather, takes a phrase or document at face value, giving effect only to the actual words used. Also known as "strict" or "strict and literal" construction.
A dispute that results in formal Court action or a law suit.
Delivery. An archaic legal word from the feudal system referring to the actual legal transmission of possession of an object to another.
A document that sets out guidelines for dealing with life-sustaining medical procedures in the eventuality of the signatory's sudden debilitation. Living wills would, for example, inform medical staff not to provide extraordinary life-preserving procedures on their bodies if they are incapable of expressing themselves and suffering from an incurable and terminal condition.
The Latin abbreviations for the three classes of law degrees: the regular bachelor degree in law (LL.B.), the masters degree in law (LL.M.) and the doctorate in law (LL.D.).
Means the principal place during the year immediately preceding the bankruptcy where the debtor has carried on business or where the debtor has resided, or where the greater portion of the property of the debtor is situated.
Latin for "the place." For example, lawyers talk of the "locus delicti" as the pace where a criminal offense was commited or "loco parentis" to refer to a person who stands in the place of a parent such as a step-parent in a common law relationship.
Long Arm Statutes:
Each court is bound to a territorial jurisdiction and does not normally have jurisdiction over persons that reside outside of that jurisdiction. Long-arm statutes are a tool which gives a court jurisdiction over a person even though the person no longer resides in the territory limits of the court.
Slang expression meaning "Business Review".