Legal Definitions

Here we provide some of the basic definitions to help you better understand the information on the site and have a better understanding of your situation. Please note that these are general definitions and the meanings may vary slightly based on the various legislation.

Labour Definitions

“Employment Standards”: Regulations that set minimum standards for employment conditions.

“Collective Bargaining”: The process by which employers and trade unions negotiate employment terms and conditions.

“Collective Agreement”: A legally binding contract between an employer and a trade union that sets out the terms and conditions of employment for unionized workers.

“Grievance”: A complaint or dispute arising from the interpretation or application of a collective agreement or employment legislation, usually addressed through a formal grievance procedure.

“Arbitration”: A process where an impartial third party is appointed to resolve a dispute between an employer and a trade union when they cannot reach an agreement through negotiation.

“Termination of Employment”: The ending of an employment relationship, which can occur due to resignation, dismissal, or layoff.

“Severance Pay”: Compensation is provided to employees who have been terminated from their employment without just cause, often based on their length of service.

“Occupational Health and Safety (OHS)”: Regulations that aim to protect workers' health and safety by setting standards for workplace conditions, equipment, and procedures, as well as outlining employer and employee responsibilities.

“Labour Relations Board”: An administrative tribunal that oversees and enforces labour relations legislation, resolves disputes between employers and trade unions, and regulates the collective bargaining process.

“Minimum Wage”: The lowest hourly rate of pay that employers are required to pay to employees, as set by provincial or territorial legislation.

“Maternity and Parental Leave”: Job-protected leaves of absence for employees who are expecting a child, adopting a child, or caring for a newborn or newly adopted child, typically providing a certain period of unpaid leave.

“Family Responsibility Leave”: Leave provided to employees to address urgent family matters, such as illness or death of a family member, without risking their employment.

“Pay Equity”: The principle of providing equal pay for work of equal value, ensuring that compensation is based on the value of the work performed rather than on gender or other discriminatory factors.

“Employment Insurance (EI)”: A federal program that provides temporary financial assistance to individuals who have lost their jobs, are unable to work due to illness or maternity leave, or are in other specific circumstances.

“Worker's Compensation”: A system that provides compensation and benefits to workers who suffer work-related injuries, illnesses, or disabilities, including medical treatment, wage replacement, and vocational rehabilitation.

“Duty to Accommodate”: The legal obligation of employers to make reasonable adjustments or accommodations for employees with disabilities or other protected grounds, allowing them to participate fully in the workplace, unless doing so would cause undue hardship.

Rental Definitions

“Landlord”: The person or entity who owns the rental property and grants the right to occupy and use the property to a tenant in exchange for rent payment.

“Tenant”: The person who rents and occupies the property under a lease or rental agreement, typically in exchange for payment of rent.

“Lease Agreement”: A legally binding contract between the landlord and tenant that outlines the terms and conditions of the rental arrangement, including the duration, rent amount, responsibilities, and rights of both parties.

“Rental Application”: A form filled out by prospective tenants providing personal, employment, and financial information to help landlords evaluate their suitability as tenants.

“Security Deposit”: A sum of money paid by the tenant to the landlord at the beginning of the tenancy, held as security to cover any unpaid rent or damages to the rental unit beyond normal wear and tear.

“Rent Control”: Government regulations that limit the amount and frequency of rent increases that landlords can impose on tenants, aiming to ensure affordability and prevent unfair rental practices.

“Rent Increase Notice”: A written notice provided by the landlord to the tenant informing them of an upcoming rent increase, typically with a specific notice period required by provincial or territorial legislation.

“Eviction”: The legal process through which a landlord removes a tenant from the rental property, usually due to breaches of the lease agreement, non-payment of rent, or other justifiable reasons specified in the applicable laws.

“Notice to Quit”: A written notice served by the landlord to the tenant, notifying them of the termination of the tenancy and the required date by which they must vacate the rental property.

“Maintenance and Repairs”: The responsibility of the landlord to keep the rental property in a safe and habitable condition, including necessary repairs and maintenance of essential facilities.

“Entry Notice”: A written notice provided by the landlord to the tenant, indicating the intention to enter the rental property for specific reasons, such as inspections, repairs, or showings to prospective tenants.

“Tenant Insurance”: Insurance coverage obtained by the tenant to protect their personal belongings and provide liability coverage in case of damage or accidents within the rental property.

“Subletting”: The process by which a tenant rents out all or part of the rental property to another person (subtenant) with the landlord's permission, usually for a temporary period.

“Quiet Enjoyment”: The right of the tenant to peacefully and undisturbedly occupy and use the rental property without interference from the landlord or other third parties.

“Landlord and Tenant Board (or Tribunal)”: An administrative body or tribunal established by each province or territory to handle disputes and enforce rental laws and regulations.

Will and Estate Definitions

“Will”: A legal document that outlines how a person's assets and property should be distributed after their death. A will may also appoint an executor to manage the estate and specify guardianship for minor children.

“Testator/Testatrix”: The person who makes a will. A testator refers to a male individual, while a testatrix refers to a female individual.

“Executor/Executrix”: The person named in a will who is responsible for administering the estate and carrying out the wishes of the deceased, including distributing assets, paying debts, and settling any outstanding legal matters.

“Estate”: The total assets, property, and liabilities left by a deceased person upon their death.

“Beneficiary”: An individual or entity named in a will to receive assets or property from the deceased's estate.

“Intestate”: The term used when a person dies without a valid will. In such cases, provincial or territorial laws determine how the estate will be distributed.

“Letters Probate”: A legal document issued by a court that confirms the validity of a will and grants authority to the executor to administer the estate.

“Estate Planning”: The process of making arrangements and decisions to manage and distribute one's assets and property during life and after death, often involving the creation of a will and other legal documents.

“Residue”: The remaining assets of an estate after specific bequests and debts have been settled. The residue is distributed among the residual beneficiaries named in the will.

“Power of Attorney”: A legal document that grants authority to an individual (the attorney or agent) to act on behalf of another person (the grantor) in financial, legal, or personal matters, either during the grantor's lifetime or in the event of their incapacity.

“Trust”: A legal arrangement where one party (the trustee) holds and manages assets on behalf of another person or entity (the beneficiary) according to specific instructions and terms outlined in a trust agreement.

“Guardianship”: The legal responsibility and authority granted to a person (the guardian) to make decisions and care for a minor child or an incapacitated adult who is unable to make decisions for themselves.

“Codicil”: A legal document that amends or adds to an existing will, usually used to make minor changes or updates without revoking the entire will.

“Estate Administration Tax (Probate Fee)”: A fee or tax imposed by some provinces on the value of an estate that goes through the probate process. The fee is based on the value of the estate and is payable to the provincial government.

“Residual Beneficiary”: A beneficiary named in a will who is entitled to receive the remaining assets of the estate after specific bequests and debts have been settled.

Injury Definitions

“Negligence”: The failure to exercise reasonable care, resulting in harm or injury to another person. Negligence is a key element in personal injury cases, and a plaintiff must prove that the defendant owed a duty of care, breached that duty, and caused the plaintiff's injuries.

“Duty of Care”: The legal obligation to act in a manner that avoids causing harm or injury to others. In personal injury cases, the defendant's duty of care is determined by considering the relationship between the parties and the foreseeable risks involved.

“Standard of Care”: The level of care and skill that a reasonable person in similar circumstances would exercise to prevent harm or injury. In personal injury cases, the standard of care is used to assess whether the defendant's conduct fell below the expected level of care.

“Damages”: The monetary compensation awarded to a plaintiff in a personal injury case to compensate for losses and injuries suffered. Damages may include medical expenses, pain and suffering, lost wages, and future care costs.

“Tort”: A civil wrong that causes harm or injury to another person, resulting in legal liability. Personal injury cases typically involve tort law, where the injured party (plaintiff) seeks compensation from the party at fault (defendant).

“Contributory Negligence”: A legal concept that assigns partial fault or responsibility to the plaintiff for their own injuries if they are found to have contributed to the accident or harm through their own negligence or actions.

“Statute of Limitations”: The timeframe within which a personal injury claim must be filed. In Canada, the statute of limitations varies by province and the type of claim, and failing to file within the specified time limit may result in the claim being time-barred.

“Vicarious Liability”: The legal principle where one party (typically an employer) may be held responsible for the wrongful actions or negligence of another party (typically an employee) that occurred within the scope of their employment.

“Preponderance of Evidence”: The standard of proof in civil cases, including personal injury claims. The plaintiff must establish that it is more likely than not (51% or greater probability) that the defendant's negligence or actions caused the plaintiff's injuries.

“Loss of Consortium”: Damages awarded to compensate for the loss of companionship, emotional support, and intimate relations between a spouse or family member and an injured person.

“Causation”: The legal requirement to establish a causal connection between the defendant's actions or negligence and the plaintiff's injuries. The plaintiff must show that their injuries would not have occurred "but for" the defendant's conduct.

“Loss of Enjoyment”: Damages awarded to compensate for the loss of ability to participate in activities or hobbies that were enjoyed prior to the injury.

“Statutory Accident Benefits”: Benefits provided under provincial auto insurance schemes to individuals injured in motor vehicle accidents, regardless of fault. Statutory accident benefits may include medical expenses, rehabilitation costs, income replacement, and attendant care.

“Class Action”: A legal action brought on behalf of a group of individuals who have suffered similar injuries or damages caused by a common party or event. Class actions allow for collective representation and can be used in certain personal injury cases.

“Wrongful Death”: A claim brought by the surviving family members or representatives of a person who died as a result of another party's negligence or wrongful act. Wrongful death claims seek compensation for the losses suffered by the deceased's dependents.

“Loss of Earning Capacity”: Damages awarded to compensate for the loss of future income or earning potential due to an injury. These damages take into account the individual's ability to earn a living before and after the injury.

“Punitive Damages”: Damages awarded in addition to compensatory damages to punish the defendant for their willful misconduct, recklessness, or gross negligence. Punitive damages are meant to deter similar conduct in the future.

Family Law Definitions

“Divorce”: The legal termination of a marriage, resulting in the dissolution of the marital relationship.

“Child Custody”: The legal and physical care and control of a child, determining where and with whom the child will live.

“Child Support”: Financial assistance provided by one parent to the other for the care and maintenance of their child or children.

“Spousal Support (also known as Alimony)”: Financial support provided by one spouse to the other after the breakdown of a marriage or common-law relationship, to assist with their financial needs.

“Marriage Contract” (also known as Prenuptial Agreement or Cohabitation Agreement): A legal agreement between spouses or cohabiting partners that outlines their respective rights and obligations during the relationship and in the event of a separation or divorce.

“Separation Agreement”: A written agreement between spouses or cohabiting partners that outlines the terms and conditions related to their separation, including division of property, child custody, and support.

“Property Division”: The process of dividing assets and debts acquired during the course of a marriage or common-law relationship upon separation or divorce.

“Child Protection”: The legal framework and procedures in place to protect children who may be at risk of abuse, neglect, or harm, including child apprehension and placement in foster care.

“Adoption”: The legal process by which an individual or couple becomes the permanent parent(s) of a child who is not their biological child.

“Guardianship”: The legal authority and responsibility granted to a person to make decisions on behalf of a child, including their upbringing, education, and healthcare.

“Parental Rights and Responsibilities”: The legal rights and obligations of parents, including the right to make decisions about a child's upbringing, education, healthcare, and religion.

“Access” (also known as Visitation): The right of a non-custodial parent to spend time with their child or children, as determined by a court or through an agreement.