Abuse: The emotional, financial, physical, psychological, sexual or verbal maltreatment of a person.
Act: An Act is a written law that has been passed by the federal or provincial/territorial legislature. Also called legislation or statute.
Admissible Evidence: Evidence that may be received by a trial Court to aid the judge or jury. Generally, evidence must be both relevant and material to be admissible, as well as not barred by any specific rule. In addition, the inclusion of the evidence should not be significantly unfair or prejudicial to a party.
Adjournment: The postponement, suspension or interruption of an ongoing hearing, proceeding, or trial, to resume at some future date. This may be at the request of one of the parties, or directed by the Court. It is always the Court who decides whether or not to adjourn the proceedings.
Admissible Evidence: Evidence that may be received by a trial Court to aid the judge. Generally, evidence must be both relevant and material to be admissible, as well as not barred by any specific rule. In addition, the inclusion of the evidence should not be significantly unfair or prejudicial to a party.
Affidavit: A document that contains facts that a person swear or affirm to be true. A lawyer, notary public, or commissioner for affidavits must witness the person’s signature and sign it.
Agreement: In family law, parties may create a written document that sets out how spouses have agreed to deal with things like parenting, support, and property. You can make an agreement before you move in together, while you are living together (a cohabitation agreement), or after you separate (see separation agreement).
Alternative Dispute Resolution (ADR): Alternative Dispute Resolution is the use of arbitration, negotiation, mediation and out-of-court settlements (as opposed to court litigation) in the resolution of legal disputes. In family law, the purpose of ADR is to offer a less conflict-oriented and often less expensive way to resolve a dispute than litigation.
Appeal: When a party to a court action, or counsel (lawyer) on their behalf, asks a higher court to review the decision of a lower court because they believe there has been a serious error.
Applicant: The person who is applying for a court order.
Application: In some courts, called a Motion – a request to a Court to decide on a matter relevant to the case.
Arrears: Past child or spousal support payments that have not been paid.
Asset: Any item worth money that is owned by a person, especially if it could be converted to cash.
Bailiff / Sheriff: The Bailiff’s / Sheriff’s responsibilities are to make sure the courtroom is safe, and to look after witnesses, jurors or prisoners.
Balance of Probabilities: The burden of proof in a civil or family trial. The court must be convinced the evidence shows it is more likely than not that the person asking for an order is entitled to the order, or the court will not give the order.
Best Interests of the Child / Children: The test that judges use when they make parenting arrangement decisions about children. The needs and well-being of the children are the most important factors. The judge must decide what is best for the children in priority over what is best for the parents.
Burden of Proof: The party who must prove something, on what ever standard (e.g. on a balance of probabilities) has the “burden of proof”.
Case Law: Decisions of courts relating to a particular matter or issue. Case law from the same level of court or other jurisdictions may be persuasive, but the court does not have to follow it. Case law from a higher court in a jurisdiction is binding on the lower court.
Chambers: A courtroom at the superior trial court level where applications (not trials) are heard. In Quebec, “chambers” is called “practice court” and is used for ex parte applications like seizures, or injunctions, or special modes of service.
Chambers Applications: In a proceeding started by notice of civil or family claim, chambers applications usually deal with pre-trial procedural issues that come up as the case progresses.
Child Support: Parents have a legal responsibility to financially support their minor or dependent children, whether they live together as a family or not. After separation or divorce, child support is the amount a parent pays to the other parent to help support the children.
Child Support Guidelines: The Child Support Guidelines are the rules for calculating the amount one parent must pay to the other parent to help support their child or children. The Child Support Guidelines apply to all parents who are not together, whether they were married, lived in an opposite-sex or same-sex common-law relationship, or never lived together at all. The Child Support Guidelines also apply to stepparents who meet the legal requirements for being responsible to pay child support, and include a special rule for calculating the amount a stepparent must pay.
Collaborative Family Practice: A process where you and your lawyer, and your former spouse and his or her lawyer, agree in writing to resolve family disputes outside the court process.
Common-Law Relationship: Not a legal term, but often used to describe unmarried couples who live together in a marriage-like relationship for some time.
Contact Order: An order that sets out time for children to spend with important people who are not in a parental role, such as grandparents.
Costs: In a superior trial court, a master or judge’s order that the losing party in an application or trial pay an amount of money to the other party based on the time or money the other party spent to go to court. This may include all or part of court fees, disbursements, and legal fees.
Counterclaim: A document that sets out any claim the defendant might have against the plaintiff or another party related to the lawsuit started by the plaintiff. It is an independent action raised by a defendant that can heard at the same time as the plaintiff’s claim. The counterclaim acts as the defendant’s statement of claim against those parties.
Court Order: A legally binding direction by the Court to do something. There are serious legal consequences for disobeying a court order.
Court Reporter: A trained professional who creates official records of things said during examination for discovery / questioning, and court proceedings. This may also be done electronically.
Cross Examination: The questioning of a witness by a lawyer or party on the other side - who did not call the witness to testify. Cross-examination takes place after the lawyer or party who called the witness to testify has finished asking question in direct examination (or examination in chief). The purpose of cross-examination is to test the witnesses’ truthfulness or reliability. Questions in cross-examination are allowed to be leading, that is, to suggest a certain answer.
Default judgment: If you do not file a response to a notice of claim or application, the judge may decide and grant judgment in your absence and without your input.
Desk-Order Divorce: When a judge makes a divorce order without the parties appearing in court – called a “divorce by affidavit” in Quebec. This can be the process for both sole and joint applications.
Direct Examination: The questioning of a witness in court by the person who called the witness to court. The questions must be open ended and must not suggest a specific answer – i.e. they cannot be leading questions. Direct examination is also called examination in chief.
Disbursements: Out-of-pocket expenses incurred in legal claim (e.g. court filing fees, the costs of registry searches, or the costs to obtain medical evidence, or obtain expert evidence, etc.).
Disclosure: The process of exchanging information (for example, financial statements) required to settle or decide legal issues with the other party. Failing to disclose required documents can have serious consequences. Also called Discovery.
Dispute Resolution: A process in which two people work through their family law issues with a trained professional, like a mediator or a judge. The process is usually confidential and is meant to help you settle some or all of your legal issues without going to trial.
Division of Property: After a relationship breakdown, a decision needs to be made on how property owned by the couple is divided. This can be done by agreement or by a judge.
Divorce: The legal end of a marriage.
Duty Counsel: Lawyers paid by Legal Aid or otherwise publically funded, or pro bono, who may help unrepresented persons, generally at courthouses or places of detention, in providing brief, summary services, related to various civil, family, criminal, or immigration law problems, depending on the jurisdiction, Duty counsel provide free legal advice for a specific court appearance, but do not take on your whole case or represent you at trial. Examples include: in civil court, assisting parties in presenting pre-trial civil applications; in family court, assisting parties in presenting pre-trial family laws, including in relation to obtaining or maintaining restraining orders in family violence cases; in immigration court, providing basic advice and release on first appearances; and in criminal court, providing basic advice and release / bail on first appearance: see Section 17 Resources.
Emergency shelters: Emergency shelters provide temporary shelter, food and other services to people who are homeless for a variety of reasons. Abused spouses/partners may use emergency shelters to receive short term housing for themselves and their children.
Emotional abuse: Emotional abuse is a form of family violence, that includes acts and statements designed to control, degrade, humiliate or punish a spouse / partner, child or family member such as threatening, name calling, stalking, isolating, and intimidation. It may also include the withholding of life-sustaining nurturing.
Evidence: Oral or written statements under oath or affirmation by a witness, or "real" evidence, such as documentation or objects (which become exhibits), presented to the court by agreement of all parties, and the judge, or under evidentiary rules, to prove the facts that are necessary to establish a claim or defence in a civil or family case, or to determine the guilt or maintenance of innocence of an accused in a criminal case.
Examination for Discovery or Questioning: In civil and family proceedings, a process by which the parties to an action question one another, or another person, under oath or affirmation on the facts and issues. A transcript of the questions and answers is produced. The term “questioning” is used in some jurisdictions.
Exhibit: A document or object admitted as evidence in court.
Expert: A witness who gives evidence to help the court understand technical and scientific issues in the legal action. He or she may give opinions in areas that would not normally be within the judge’s knowledge. The expert must be shown to possess the necessary skill and qualifications in the area in which their opinion is sought. An expert can give evidence in person, and / or by writing a report called an expert report
Facts: Something that can be shown to be true, to exist, or to have happened. In a legal case it is based on or related to the evidence presented. Matters of fact are issues for a judge in a family proceeding to decide.
Family Violence: Family violence (also known as domestic violence), includes physical, sexual, psychological and emotional abuse of a family member. In the case of a child, it includes witnessing or being exposed to family violence perpetrated on other family members. Family violence does not include acts taken in self-defence.
Filing Documents: This is the process of adding documents to a court file by giving the original to the court registry. There is often a fee to file documents.
Final / Closing Arguments or Submissions: At the end of the trial, you will present your argument to the court (judge alone in civil and family trials and judge and jury in some criminal trials). It is a summary of your position based upon the evidence that has been presented to the court about the decision that the court should make.
Financial Statement: Forms that set out a person’s income, expenses, property, debts and liabilities.
Hearing: In law, a proceeding before a judge or master (only in some civil and family cases) to determine questions of law and / or questions of fact, whether the hearing of an application or the hearing of a trial.
Hearsay: Inadmissible testimony that is given by a witness for the truth of its contents, who relates what others have said rather than what they personally witnessed or observed. There are a number of exceptions to hearsay being inadmissible – it is a complex legal area.
Imputed Income: When a person ordered to pay child or spousal support does not give the court all the required evidence of their income, the judge can use the available evidence to assign an income amount, in order to make decisions about support.
Initiating Court Forms: Forms that begin a court process (also known as pleadings).
Interim Application: One party asks the court to make an order, which in most cases is not a final one. These applications often deal with issues that arise in the course of a civil lawsuit or family claim that require a court order before a trial.
Interim Order: Order made by the court that serves as a temporary measure until something more complete and permanent can be decided.
Interrogatories: Pre-trial written questions sent to the other party in a civil lawsuit or family claim, and for which a reply is mandatory.
Issues: Factual or legal matters in dispute between the parties in a legal case.
Jurisdiction: A court’s power or authority over people, territories, or subject matter.
Leading Question: A question that prompts or encourages a desired answer. Usually allowed in cross examination but not allowed in direct examination (or examination in chief).
Leave of the Court: The court’s permission to proceed with certain types of applications or appeals or to proceed in a certain way.
Legal Advice: Advice from a lawyer about the law as it applies to a particular case. It usually includes information about whether, why and how a party should do something.
Legal Aid: Free legal information, advice and representation for people who cannot afford a lawyer and who qualify for the services.
Limitation Period: The period of time that a party is allowed to wait before starting a case. After a limitation period has passed a lawsuit cannot be successfully started.
Limited Scope Retainer: See Unbundled Services.
List of Documents: A list of all the documents that relate to the issues in a case and are in a party’s possession or under a party’s power and control. The list also includes a list of any documents that may be privileged. This list is provided to the other parties in the discovery process and tells them where the documents can be examined (unless privileged).
Master: A judicial officer of a superior trial court in a province or territory (called “Special Clerks” in Quebec), who may decide certain matters before or after a trial. Masters hear many chambers applications. In some areas of the law (it may vary from jurisdiction to jurisdiction), a master has powers as a judge to make interim or temporary, or, in some cases, final orders, but cannot make final orders in divorce matters.
Material Fact: A fact that is important or essential to proving your case.
McKenzie Friend: A McKenzie Friend may be allowed in some jurisdictions to sit with you during a hearing or trial, and may provide moral, emotional and practical support like organizing documents and taking notes. They can make quiet suggestions to you, but they cannot address the court or give you legal advice.
Mediation: A non-binding process in which a neutral third party with no decision-making authority attempts to facilitate a settlement between disputing parties. Mediation is usually a private, voluntary dispute resolution process.
Motion: In some courts, called an Application – a request to a Court to decide on a matter relevant to the case.
Negotiation: Any form of non-facilitated (no third party) communication that allows the parties to discuss the steps they need to take to resolve a dispute. Negotiations can take place between the parties directly, or through others (such as lawyers) acting on behalf of the parties.
Objection: A statement made by a party during a hearing or trial for the purpose of challenging any specific evidence sought to be introduced. Common objections during trial include when a party inappropriately asks leading questions, when a party asks multiple questions at once, when a party asks vague or confusing questions, when a witness gives inadmissible hearsay evidence or opinion evidence, and when a party tries to introduce privileged information as evidence. The judge determines whether the objection succeeds or not, and may suggest a different form of question. See also Hearsay.
Onus: The burden of proof – who (which party) has to prove something.
Open or Open-ended Questions: Questions that cannot be answers with a simple yes or no. They usually begin with who, what where, why, and how.
Order: A ruling made by a judge or master that tells a party to do something or not do something. It can also be the document that sets out the decision of the judge or master (in some civil and family cases).
Parenting Order: An order for parenting time and decision-making responsibility.
Parenting Plan: The arrangements made by the parents or the court for the care of the children, including living arrangements and who is responsible for making decisions about important aspects of the child’s upbringing.
Partner: A partner is a person living in a marriage-like relationship with another person for a duration of time. The length of time may affect rights of the parties under provincial or territorial legislation. Partners are also referred to as common-law partners/spouses.
Partner Support: Financial support paid to a former common law partner under some provincial or territorial legislation by way of a court order or agreement.
Peace Bond: A protection order made by a judge in court as part of criminal proceedings to help protect one person from another. Peace bonds list certain conditions, based on individual requirements that the person named in it must follow. Peace bonds are made in criminal court and may be made against anyone facing a criminal charge. Police will apply for a peace bond and Crown counsel will handle the matter in court.
Petition: In some jurisdictions, a document that starts some court cases. It sets out the basic facts of the event or transaction, the legal consequences and the remedy or relief the petitioner is asking for.
Pleadings: A statement in writing of material facts and law on which a party to a dispute relies in support of a claim or defence – the documents that start a lawsuit or explain a party’s defence to a lawsuit.
Precedent: An earlier decision of a court or a higher court that should generally be followed in subsequent similar cases.
Privileged Document: A document the other party is not entitled to see or use in a court case because it was created during confidential communications between a lawyer and his or her client, or was created to help conduct or settle the litigation.
Pro Bono Legal Services: Legal services donated to individuals, free of charge.
Process Server: A professional document server.
Protection Order: An order (such as a Peace Bond or a Restraining Order) made by a judge to protect one person from another. The order lists certain conditions the person named in it must follow – usually that he or she can have no direct or indirect contact with the other person.
Re-Examination: Questions asked by the party or counsel who called the witness, after cross-examination by the other party or counsel. Re-examination happens if the cross-examination has brought out new facts, or if something raised for the first time in cross-examination was unclear.
Regulations: Laws that usually set out practical information or procedures relating to a particular statute. They provide specific instructions about how to implement the statute and tend to change more often than the statute itself.
Release: A document signed by the parties to acknowledge that they are giving up all or some part of claims in connection with the civil or family dispute. It is usually signed as part of a settlement.
Restraining Order: A protection order made by a judge to help protect one person from another. Restraining orders list certain conditions that the person named in it must follow. Restraining orders are made in family court and there must be a family connection. They differ from peace bonds in several elements.
Retainer: An agreement with a lawyer for legal work is called a “retainer”. A written retainer agreement sets out the work that the lawyer has agreed to do, and what the lawyer will not do, and how the lawyer’s pay will be calculated. The retainer agreement sets out the scope of the lawyer’s involvement in the file.
Rules of Court: Rules that govern the practice and procedure of the Court. They provide guidelines for each step in the litigation and set time limits for when certain steps must be completed. Additional guidance with Rules of Court type effect include, Practice Notes, or Practice Directions, or Notices to the Profession and Public.
Safety Plan: A means to ensure the safety of an adult or child in a potentially dangerous situation. They can help by preparing people to reduce the potential for violence, get help in an emergency, get away safely, keep children safe, and safely get clothes, pets and other personal items.
Separation: When two people who have been living together in a marriage, or marriage-like relationship, decide not to live together any more with the intention of living separate and apart. There is no such thing as a “legal” separation except by a Separation Agreement. If a couple is living apart, they are separated. Sometimes a couple may be separated but living under the same roof.
Separation Agreement: A document that separating or separated spouses/partners can draw up to put in writing those matters that are settled between them.
Service: Delivering a document to another person in whatever way the law requires. The Rules of Court set out certain procedures that must be followed when serving a document.
Settlement: An agreement between the parties in a dispute. A settlement can end or avoid or reduce the scope of a court proceeding. It usually involves the payment of money, and / or the release of rights.
Sheriff / Bailiff: The Sheriff’s / Bailiff’s responsibilities are to make sure the courtroom is safe, and to look after witnesses, jurors or prisoners.
Special or Extraordinary Expenses: Special expenses are over and above the regular cost of living for a child, such as the cost of childcare or post-secondary education, and so are not included in the regular amounts of child support. A special or extraordinary expense must be reasonable in relation to the economic situation of the parents and necessary to promote the best interest of the child.
Spousal / Partner Support: Financial support paid to a former spouse / partner under a court order or agreement.
Statute: see Act.
Subpoena: A subpoena (pronounced sub-pena) is an official court document, which orders a witness to come to Court to give evidence and to bring relevant documents, and that failure to do so could have serious negative consequences.
Superior Trial Court: Hears civil and criminal cases. Depending on the province or territory, they may be called the Supreme Court, the Court of Queen’s Bench, or the Superior Court of Justice.
Testify: To declare or say something in the witness stand under oath / affirmation in a court of law.
Trial: A trial is the court proceeding where a claimant presents their evidence against another person, and the other person may present evidence in their defense (or may elect not to). The judge then decides if, based on the facts and law, the claimant will be successful in what it claims.
Unbundled Services: This is a method of legal representation in which a lawyer and a client agree limit the scope of the lawyer’s involvement in a legal action, leaving the responsibility for those other aspects of the case to the client in order to save the client money and give them more control and responsibility.
Without Prejudice: This principle will generally prevent statements, whether made in writing or orally, in a genuine, but unsuccessful, attempt to settle or resolve an existing dispute from being put before the court as evidence of admissions against the interest of the party who made them. If they are used to successfully settle or resolve the dispute, they become “with prejudice”, and are admissible.
Witness: A person who gives evidence in a court proceeding orally under oath or affirmation, in person or by affidavit. Witnesses are persons who testify in court because they have some information about the case. A witness may volunteer to testify or may receive a subpoena (a legal document which orders them to come to court at a certain time to testify).