B C D
E F G
H I J
L M N
O P Q
R S T
U V W
This is a very unusual word with two contradictory meanings. To "sanction"
can mean to ratify or to approve but it can also mean to punish. The "sanction" of a crime refers to the actual punishment, usually expressed as a fine
or jail term.
Latin for knowledge. In legal situations, the word is usually used to
refer to "guilty knowledge". For example, owners of vicious
dogs may be liable for injuries caused by these dogs if they can prove
the owner's "scienter" (i.e. that the owner was aware, before
the attack, of the dog's vicious character).
A court order (i.e. signed by a judge) that gives a police the permission
to enter private property and to search for evidence of the commission
of a crime, for the proceeds of crime or property that the police suspect
may be used to commit a crime.
The status a creditor has when he has security or a right in some property
that he can sell or realize on.
Something given or pledged to a person who is lending money in order to
secure or guarantee payment of that debt.
A verbal or written agreement between a secured party and a debtor giving
the secured party a security interest in personal property; a written
agreement is not necessary of the secured party is in possession of the
The legal possession of property. In law, the term refers more specifically
to the possession of land by a freeholder.
That phrase referring to a concept that, in British Columbia under the
Personal Property Security Act, allows a secured creditor, in regard to
consumer goods, to either seize or sue for the goods but not do both. For example, a financial institution holding security over a vehicle that
is used for personal use and not for business can on default either seize
that vehicle and sell it in satisfaction of its debt or sue the person
for what is owed, but cannot do both.
Sentence: Sentencing Circles
The punishment given to a person who has been convicted (i.e. found to
be guilty) of a crime.
An option in restorative justice that brings together affected people (victim, offender, police, etc.) to help sentence (decide the penalty for) the offender.
The taking of someone's property, voluntarily (by deposit) or involuntarily
(by seizure), by court officers or into the possession of a third party,
awaiting the outcome of a trial in which ownership of that property is
The land which suffers or has the burden of an easement. The beneficiary
of the easement is called a dominant tenement.
The transferring of property to another person or a gift. Under
certain circumstances, settlements are void against the Trustee and are
brought back into the bankruptcy estate.
The person who actually creates a trust by donating property to be managed
and administered by a trustee but from which all profits would go to a
beneficiary. The law books of some countries refer to this person as a "donor."
A dollar realization on assets that is not sufficient to clear the debt
A person who invests in a company or partnership but does not take part
in administering or directing the organization; he or she just shares
in the profits or losses.
Adjourned without giving any future date of meeting or hearing.
Verbal or spoken defamation.
Intentionally casting aspersion on someone's property including real property,
a business or goods (the latter might also be called "slander of
Claims/Small Claims Court:
A Court which has simplified rules, thus encouraging non-lawyers to attend
at the Court without legal representation. In British Columbia,
the amount that can be considered in a small claims action is $10,000
A term of the feudal system which referred to the tenure which was exchanged
for certain goods or services which were not military in nature. Socage
is often described as "free and common socage" although the
"free and common" qualification is now of a purely historical
A solemn promise that has the same effect as a religious oath.
A lawyer that restricts his or her practice to the giving of legal advice
and does not normally litigate in the court room. Canadian lawyers can
litigate or give legal advice.
Son of Sam law:
The phrase refers to laws that are designed to keep criminals from profiting from their crimes by selling their stories to publishers or movie makers. Named after the Son of Sam murders committed from between July 1976 and August 1977 by New York serial killer David Berkowitz, such laws authorize the state to seize money from criminals' book or movie deals and use it to compensate victims.
A term under the Bankruptcy and Insolvency Act whereby voting is
carried out, for example when creditors accept or refuse a proposal. In order for the Special Resolution to pass, of those creditors who vote
there must be in excess of 2/3 of the dollars voting in favor and a simple
majority in number of the creditors voting in favor.
A lien or security interest in a specific piece of property that can be
distinguished from other pieces of property. For example, security
over a vehicle.
A Springing Power of Attorney
allows you to appoint a trusted individual who will have authority to
run your affairs while you are mentally incapacitated. Sometimes referred
to as a "Enduring Power of Attorney" or "Durable Power
Horse: (US term - This strategy is seldom used in Canada)
This is the name given to the party submitting the first bid
to purchase assets. The stalking horse bid can be used to solicit interest
from other bidders and also acts as a floor for what will be realized
at an auction.
A term of parliamentary law which refers to those committees which have
a continued existence; that are not related to the accomplishment of a
specific, once-only task as are ad hoc or special committees.
A basic principle of the law whereby once a decision (a precedent) on
a certain set of facts has been made, the courts will apply that decision
in cases which subsequently come before it embodying the same set of facts.
A precedent which is binding; must be followed.
The listing of a debtor's assets and liabilities and sworn under oath
by the debtor before a lawyer or Commissioner for Taking Oaths.
of Receipts and Disbursements:
A statement prepared in the matter of receivership or agency appointment
or a bankruptcy appointment, whereby the realizations and disbursements
are set out.
The current state of affairs, or current position.
Limitations - Limitations Acts:
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 come into force on January 1, 2004 will set
two years as the term (Section 4).
The written laws approved by legislatures, parliaments or houses of assembly
(i.e., politicians). Also known as "legislation".
A trust created by the effect of a statute.
The stopping or preventing of legal actions undertaken. In the Bankruptcy
and Insolvency Act, there is a stay of proceedings in the case of
a bankruptcy or in the case of a proposal. This stops all legal
actions against the company or person.
Latin: the offspring of a person; his or her descendants. For example,
inheriting per stirpes means having a right to a deceased's estate because
you happen to be a descendant of the deceased.
Tort liability which is set upon the defendant without need to prove intent,
negligence or fault; as long as you can prove that it was the defendant's
object that caused the damage.
The process whereby, under the feudal system of tenure, a person receiving
a grant of land from a lord, could himself become a lord by subdividing
and subletting that land to others.
A matter that is still under consideration by a court. You will hear of
politicians declining to speak on a certain subject because the subject
matter is "sub judice".
To be subject to the orders or direction of another; of lower rank.
Latin: an order of a court which requires a person to be present at a
certain time and place or suffer a penalty (subpoena means, literally, "under penalty").
The legal right that a person or corporation has when he pays someone's
debt to recover that money from the debtor.
The real property that supports or endures an easement. The real property
benefitting from an easement is called the dominant tenement.
If a party appears to be avoiding service of court documents, a request
may be made with the court to, instead of personal service (i.e. giving
the document directly to the person), that the document be published in
a local newspaper, served on a person believed to frequent the person
or mailed to his (or her) last known address.
A person who takes over the rights of another.
A person who possesses full civil rights and is not under any legal incapacity
such as being bankrupt, of minor age or mental incapacity. Most adults
are sui juris.
Under the Bankruptcy and Insolvency Act a summary administration
bankruptcy is a consumer bankruptcy defined as a bankruptcy where the
free and clear assets are less than $10,000. Summary administration
bankruptcies have stream lined procedures, making them less costly to
In Canada, a less serious offence than indictable offences.
In the USA, this is one of the initial documents issued in a civil suit;
giving the defendant notice of the claim and an opportunity to defend
it. The summons also gives the court which issues it the authority to
dispose of the matter. In Canadian criminal law, this is the document
used by the police to compel an accused to attend court to answer the
charges. It does not involve the arrest of the accused and is used where
the police, either by the relatively less serious nature of the crime
or because of the standing of the accused in the community, do not believe
that arrest is necessary to ensure the attendance of the accused at court.
The person who has pledged him or herself to pay back money or perform
a certain action if the principal to a contract fails, as collateral,
and as part of the original contract.
A civil law term for a reciprocal or bilateral contract: one in which
both parties provide consideration. A contract of sale is a classic example,
where one party provides money and the other, goods or services. A gift
is not a synallagmatic contract.
B C D
E F G
H I J
L M N
O P Q
R S T
U V W