A
A
Action
A judicial proceeding where one party takes another party to court for the redress of a wrong. An action is commenced by the filing of a plaintiffs claim that details a cause of action.
Adjournment
The rescheduling of a hearing to another time and/or place. A matter may be adjourned to a specific date or adjourned sine die.
Affidavit
A written statement of facts that is sworn to be true. An affidavit must be sworn, or affirmed, before a person with the authority to administer oaths (ie. a lawyer or court clerk). It is a criminal offence to knowingly swear a false affidavit.
Affidavit for Jurisdiction
An affidavit indicating why a plaintiff’s claim can be filed in a territorial jurisdiction other than where the defendant resides.
Affidavit for Enforcement
In order to commence any type of an enforcement activity an affidavit must be produced detailing why a party is entitled to take such action. Some enforcement methods use a general affidavit while others use a specific affidavit.
Affidavit of Service
An affidavit indicating how service of a particular document was effected upon another party.
Agent
A non-lawyer acting on behalf of an individual, corporation or other legal entity. Paralegal‘s identify themselves as agent’s when appearing in court.
Appeal
An application to a higher court for a judicial review of a lower court’s decision. An appeal of a Small Claims Court decision is heard in the Divisional Court.
Assessment of Damages
In an undefended action it is a hearing before a judge where the plaintiff is still required to prove the amount of damages listed in their claim. Liability need not be established as a defendant‘s failure to defend is treated as an admission of liability. After exercising judicial review, a judge may either issue a judgment for a specific amount or dismiss the claim. Most assessments of damages involve claims for non-liquidated damages. Compare with default judgment.
Appeal
An application to a higher court for a judicial review of a lower court’s decision. An appeal of a Small Claims Court decision is heard in the Divisional Court.
