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An exemption that a person (individual or corporate) enjoys from the normal
operation of the law such as a legal duty or liability, either criminal
Legal rights which are intangible such as copyrights or patents.
An incorporeal right which is attached to property and which is inheritable.
A right or a title in property that cannot be made void or cancelled by
any past event, error or omission in the title.
The act of one party protecting or guaranteeing protection, or freedom
from liability, of a third party for actions of that party.
Any deed, written contract or sealed agreement.
An offence which, in Canada, is more serious than those which can proceed
by summary conviction. This is the Canadian equivalent to the USA "felony".
Murder and treason are examples of crimes committed in Canada which would
be indictable offences. These crimes are usually tried by federally-appointed
judges and carry heavy sentences.
USA: a formal accusation returned by a Grand Jury, that charges a person
with a serious crime. It is on the basis of an indictment that an accused
person must stand trial.
A court order that prohibits a party from doing something (restrictive
injunction) or compels them to do something (mandatory injunction).
Latin: at the beginning or on the threshold. A motion "in limine" is a motion that is tabled by one of the parties at the very beginning
of the legal procedures.
In Pari Delicto:
Latin: both parties are equally at fault. Actually, the usual use of this
phrase is "in pari delicto, potior est conditio possidentis" which means that where both parties in a dispute are equally at wrong,
the person in possession of the contested property will retain it (ie.
the law will not intervene).
Latin: All legal rights are either in personam or in rem. An in personam
right is a personal right attached to a specific person. In rem rights
are property rights and enforceable against the entire world.
Latin: All legal rights are either in personam or in rem. In rem rights
are proprietary in nature; related to the ownership of property and not
based on any personal relationship, as is the case with in personam rights.
A mandatory or prohibitive order or judgment issued by a Court.
A person not able to pay debts generally as they become due.
A person who is not bankrupt and whose liabilities exceed his assets and/or
ability to pay.
The BIA contains
a statutory definition that differs from this general definition as follows: "means a person who is not bankrupt and who resides or carries on
business in Canada whose liabilities to creditors provable as claims under
the Bankruptcy and Insolvency Act amount to at least $1,000.00 and
- (a) who is, for any reason,
unable to meet his obligations as they generally become due, or
- (b) who has ceased paying
his current obligations in the ordinary course of business as they
generally become due, or
- (c) the aggregate of whose
property is not, at a fair valuation, sufficient or, if disposed of
at a fairly conducted sale under legal process, would not be sufficient
to enable payment of all his obligations, due and accruing due."
(i) An undertaking
of one person; (ii) to indemnify another person; (iii) to pay a sum of
money or other thing of value; (iv) from loss or liability in respect
of an event; (v) the happening of which is uncertain.
Latin: "among other things", "for example" or "including".
Legal drafters would use it to precede a list of examples or samples covered
by a more general descriptive statement.
A temporary court order; intended to be of limited duration, usually just
until the court has had an opportunity of hearing the full case and make
a final order.
An addition of something to a document after it has been signed. Such
additions are ignored unless they are initialed by the signatories and,
if applicable, witnesses (eg. wills).
Proceedings taken during the course of, and incidental to a trial.
An injunction which lasts only until the end of the trial during which
the injunction was sought.
A person who, without legal right, runs a business (eg. without mandatory
licenses), or who wrongfully interferes or intercepts another's business.
Latin: between parties.
Dying without a will.
Latin: from one living person to another living person. For example, an
inter vivos trust is one which the settlor sets up to take effect while
he or she is still alive.
To take effect, to result; to come into operation.
A person appointed by creditors at the first or subsequent meeting of
creditors, as part of a committee, to examine and give direction to the
trustee's administration of the estate of the bankrupt. Inspectors may
also be appointed pursuant to the provisions of a proposal.
A formal document with legal consequences; e.g., a debenture, mortgage,
Long-term or non-current asset that lacks physical substance, but which
confers valuable rights or privileges upon the holders; e.g., patents,
Dividend paid to creditors before the administration of the estate of
the bankrupt has been finalized; any dividend that is not a final dividend.
A temporary Court Order intended to be of limited duration, usually until
the Court has had an opportunity of hearing the full case and the opportunity
of making a Final Order.
A person appointed by the Court to be a watchdog regarding the assets
of a debtor during that time between the application to the Court for
a Receiving Order and the time where the Receiving Order is handed down. An Interim Receiver may also be appointed where a secured creditor is
about to send out, or has sent out, a Notice of Demand under the Bankruptcy
and Insolvency Act of its intention to enforce its security, or the
debtor has filed a Notice of Intention to Make a Proposal or has filed
A dividend paid to creditors before the estate is finalized.
The placing of funds in the Courts by a person when there are two or more
competing claims for those monies.
An itemized bill showing goods purchased or services provided together
with the charges and terms. An invoice is a bill of sale.
By the fact itself.
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