Canadian Law Dictionary.
A word used to refer to situations where audi alteram partem (the right to be heard) and nemo judex in parte sua (no person may judge their own case) apply. The principles of natural justice were derived from the Romans who believed that some legal principles were "natural" or self-evident and did not require a statutory basis. These two basic legal safeguards govern all decisions by judges or government officials when they take quasi-judicial or judicial decisions.
Not only are people responsible for the intentional harm they cause, but their failure to act as a reasonable person would be expected to act in similar circumstances (i.e. "negligence") will also give rise to compensation.
in Parte Sua:
Latin and a fundamental principle of natural justice which states that no person can judge a case in which he or she is party. May also be called nemo judex in sua causa or nemo debet esse judex in propria causa.
A process in which parties obtain from an experienced (and possibly expert) neutral third party a non-binding, reasoned evaluation of their case on its merits.
Latin for "I will not defend it." Used primarily in criminal proceedings whereby the defendant declines to refute the evidence of the prosecution. In some jurisdictions, this response by the defendant has same effect as a plea of guilty.
Non est Factum:
Latin for "not his deed" and a special defense in contract law to allow a person to avoid having to respect a contract that she or he signed because of certain reasons such as a mistake as to the kind of contract.
Not doing something that a person should be doing. Compare with malfeasance and misfeasance.
When a person who should have been made a party to a legal proceedings has been forgotten or omitted. This is usually addressed by asking the court to amend documents and including the forgotten party to the proceedings. It is the opposite of mis-joinder.
Also known as "notary public": a legal officer with specific judicial authority to attest to legal documents usually with an official seal.
of Disclaimer - Lease:
In a proposal, the company may disclaim a lease or, in other words, state that it does not require that lease and is cancelling it. The proposal must indicate one of the options that is given to the landlord for him to file a claim as follows actual losses resulting from the disclaimer or the lesser of
(i) three years rent, or
(ii) the aggregate of the rent provided for in the lease for the first year of the lease following the date on which the disclaimer becomes effective and 15% of the rent for the remainder of the term of the lease after that year.
This is unique to B.C. It is a process by which any party to an action in the Supreme Court can require that all other parties to the action attend a mediation session to attempt to settle the matters in dispute. While the Notice to Mediate process requires that the parties attend a mediation session, it does not force them to reach an agreement.
In spite of, even if, without regard to or impediment by other things.
The provision (clause) in the Canadian Charter of Rights and Freedoms allowing provinces and territories to create laws that operate in spite of certain contradictions with the Charter.
Substitute a new debt for an old debt cancelling the old debt. (Compare with "subrogation").
A contract-law term which stands for those agreements which are without consideration, such as a unilateral undertaking, which may bind a person morally, but not under contract law, in those jurisdictions which still require consideration.
Excessive or unlawful use of one's property to the extent of unreasonable annoyance or inconvenience to a neighbor or to the public. Nuisance is a tort.
Unable to locate assets.
Nunc Pro Tunc:
Latin: now for then. It refers to the doing of something late (after it should have been done in the first place), with effect as if it had been done on time.