Question of the combination of facts and law: The application of a set of facts to a legal norm or principle. A complaint of discrimination under the Code is a mixed question of fact and law, as the HRTO must determine the facts and apply the relevant legal principles in order to decide whether and how to violate the Code. Publicly funded centres that provide legal assistance to low-income Ontarians in a variety of ways, including their representation before the courts, legal advice and public legal education. Doctrine against new litigation: A common law legal doctrine designed to prevent the recurrence of a new dispute between the same parties. In some exceptional cases, the principles of fairness may allow for new prosecutions. Also known as res judicata, a Latin term for a matter that has already been decided and decided. See section 45.1 of the Code. an impartial decision-maker appointed by the government who directs judicial proceedings on more limited matters than a judge. A justice of the peace can make decisions on minor (non-criminal) criminal and civil legal matters, solemnize marriages, conduct bail hearings, issue an arrest warrant against a person or search a place, and may also issue a type of protection order called a “peacekeeping guarantee”, commonly referred to as a peacekeeping order. the regulator of all lawyers and paralegals in Ontario. The CEWS decides who is authorized to act as a lawyer, sets rules for those who work as lawyers, helps the public find legal services, and works to improve the profession. the resulting trust is a tacit trust as opposed to an express trust, where the right holder is deemed to hold property as a beneficiary, where a common intention may be an implied creditor whose loans are secured against real property or personal property; If the debtor is in default, the secured creditor may seize and sell the asset and pay the balance of the loan from the proceeds of sale in accordance with the terms of the security agreement Modification: An amendment is a formal or formal amendment to a law, contract or other legal document. Changes can add, remove, or update parts of a document.
A request to amend a document, such as an application (Form 1), may be submitted to the OTSR in accordance with Rule 19 of the OTSR. Settlement: When an HRTO application (or other dispute) is resolved by the parties themselves and is not decided at an oral hearing. Most settlements are reached before the hearing begins and following the parties` participation in the OTSR mediation process. In the event of a breach of a regulation, a party may file an application in accordance with Article 45.9(1) of the German Code. Confidentiality: Refers to an obligation of an individual not to share confidential information with others unless the express consent of the other party has been obtained. Settlement agreements regularly include a confidentiality clause that restricts the ability of the parties to discuss the terms of the settlement. Procedural justice: The content of common law procedural fairness requires that a person receive a fair and impartial hearing before making a decision that adversely affects them. There is a fundamental right to be heard in a dispute relating to a variety of procedural claims or safeguards, including proper notification of legal proceedings. Moreover, no one should be a judge in his or her own case that relates to the requirement of independence and impartiality of a legal decision-maker. Also known as natural justice or administrative fairness. Burden of proof: Refers to the burden on a party, the facts and the right to prove that are necessary to prove a legal case.
Often used as a synonym for burden of proof. A person who speaks to a practising lawyer for legal advice or other legal services on a legal matter. Arbitration: A legal process in which a legal decision-maker reviews the evidence and arguments presented by opposing parties in order to reach a decision that sets out the rights and obligations between the parties. The HRTO is a decision-making decision-maker. Advance payment contract between a lawyer and a client, which describes the services to be provided by the lawyer and the terms of payment of the client; also means a cash deposit used by a lawyer to pay fees and future payments if they have accrued ad idem by mutual agreement, if the target recipient has accepted an offer, if the parties have reached an agreement on the terms and intend to be bound by those terms; it is said that they have reached an ad idem consensus (a “meeting of minds”); Sometimes a shorter form is used, and the parties are called ad idem to set aside a particular case or court decision, that is, to rescind a court order and issue the order without force or effect, as if the order had not been issued. Hearing: A court case in which the parties present their case before a CTO arbitrator, who decides, on the basis of the evidence presented, whether the Code has been violated and, if so, what recourse to grant. Action: A claim or dispute submitted to a place such as a court for resolution. An application to the CSTO under the Code is a form of legal action. legal proceedings concerning legal issues between individuals/organizations/governments; judicial proceedings other than criminal cases. Also known as “attorney`s and client`s fees,” refers to the court awarding costs to a winning party who pays full compensation for their attorney`s fees.
A lawyer who specializes in representing clients by presenting legal arguments before courts, tribunals or other decision-making bodies. Fraud 1. deliberate misrepresentation that causes harm to someone else; also called deception; 2. false or misleading allegations to induce others to part with something of value or to waive a legal right; 3. an offence and/or a crime based on deception for profit Irreparable harm: A legal term that states that the nature of the damage threatened or suffered cannot be corrected by financial compensation or that the conditions cannot be as they are. Part of the legal test that the HRTO applies when considering ordering an interim remedy or suspending one of its orders. Courts of Justice Act (CJA): An Act in Ontario that establishes the legal framework for Ontario`s judicial structure, including the Ontario Court of Appeal and the Supreme Court of Ontario, as well as court proceedings, including interest rules before and after the JUDGMENT on the award of damages by the OTRC. a non-partisan person appointed by the government to review the arguments put forward in a formal court proceeding and to decide the outcome of the case. A judge in a court is a kind of arbitrator, but the title “arbitrator” is most often used in less formal and specialized hearings where issues such as employment, human rights, and immigration and refugee issues are decided.
Advocacy: In the civil context, a plea is a set of facts sufficient to justify a right to bring an action, obtain money, property, or enforce a right against another party. The legal document that makes a claim is called a statement of claim. It notifies the defendant of an alleged error that resulted in damages, often expressed in a sum of money that the defendant would have to pay. precedent, a judicial decision taken as an indication in subsequent cases; An essential common law doctrine that requires judges to follow the rule in a case already decided if the case involves facts or issues similar to those of the case currently being decided and the case has been decided by a superior court of the same jurisdiction or by the legal capacity of the Supreme Court of Canada: A power under the law to enter into contracts and to sue on its own behalf. For example, in most cases in Ontario, you must be at least eighteen (18) years of age to bring a lawsuit on your own behalf and without a legal representative. the costs that the court may award to a successful party in accordance with the scale or schedule of fees set by the court for that particular proceeding, at the discretion of the court. Costs may be awarded at the hearing of an application, application or main hearing. They are intended to allow a substantial recovery of the lawyer`s fees of the winning party.
A program that supports those who need a lawyer but can`t afford it. In Nova Scotia, legal aid is usually only available for more serious crimes and (some) family law disputes. Equal pay for equal work, equal legal obligation to pay male and female workers who perform essentially the same type of work in a company at the same rate, unless one of the exceptions required by law applies to the complaint: a formal complaint, usually filed by an employee against an employer, is filed in the context of a unionized workplace and under the conditions a collective agreement.