14 day Notice
A written notice from the landlord advising the tenant to leave the rented premises. Notice has to give 14 clear days before the tenant has to leave. The day the notice is served and the day the tenant is to move out are not counted.
Forfeiting (giving up) the portion of the claim or counterclaim which exceeds the maximum amount allowed by legislation.
A reduction in rent to make up for any benefits the tenant has lost as a result of the landlord not performing their obligations.
A lawsuit or a legal proceeding in a civil case.
A file number assigned to an action, also referred to as a Court file number.
A temporary postponement of Court proceedings
Address for Service
Contact information provided by each party on all their filed documents. This information may include a mailing address, e-mail or fax number where future documents may be sent.
A person other than a lawyer who acts on behalf of another person in Court.
A written statement of fact that is sworn or affirmed to be true before a Commissioner for Oaths, Justice of the Peace or Notary Public.
Affidavit of Service
An affidavit, which states how and when someone served documents on another party. The affidavit must be sworn or affirmed by the person who served the documents.
To declare solemnly and formally that something is true, but not under oath to a religious belief.
A legal proceeding (process) by which a decision is brought from a lower court to a higher court to seek a different decision because of an error in fact or law.
A party who starts an application.
The document required to make an application to the Court. It is usually accompanied by a supporting affidavit outlining the reasons for the application.
Application by Telephone Conference
The document used if a party wants to make an application to the Court and attend by telephone conference. It is usually accompanied by a supporting affidavit outlining the reasons for the application.
A process by affidavit or Court hearing where the Judge makes a decision as to the damages to be awarded
Binding Judicial Dispute Resolution – (BJDR)
A type of Resolution Track, consented to by the parties, where all parties meet with a Judge who will give a binding decision if a settlement is not reached and cannot be appealed.
Certificate of Judgment/Certificate of Default Judgment
A certificate stating the decision of the Court. It states who owes what money to whom.
Chambers is a court appearance where parties can get a decision or seek direction from a Judge as a result of filing an Application and a supporting Affidavit.
The document that is filed to start a lawsuit in this Court.
Clerk of the Court
An administrative officer of the Court who is assigned certain duties including filing of documents and keeping records of Court proceedings.
Commissioner for Oaths
A person who administers the swearing or affirmations of oaths.
Postponement of a Court hearing, by written agreement between all parties.
A form that states the amount agreed upon including costs and interest which is to be paid to a particular party.
Compensation for expenses related to the action to be paid by the unsuccessful party to the successful party. Costs may also be ordered by the Court for failure to comply with the Court’s directions or instructions.
One or more persons authorized to act as a single entity and recognized as such in law. Name usually ends with "Limited", "Ltd.", "Corporation", "Corp.", "Incorporated", or "Inc."
A claim made in response to a Civil Claim. Typically it is an amount claimed by a Defendant against a Plaintiff.
After a witness is questioned the opposing party can ask their own questions of the witness to bring out inconsistencies or missed facts in the witness’s evidence.
A sum of money claimed for a loss or an injury to a person or to property.
Failing to do something that is required, such as appear in Court or file a Dispute Note or other required steps.
A Judgment granted by the Court against a party who is in default.
A Defendant responds to a Court action started by a Plaintiff.
The process where a file is sent up to a Judge to review and make a decision. This does not require anyone to attend in Court.
A document that outlines a party’s defence to a claim. Dispute Notes could be filed in response to a Civil Claim, Counterclaim or Third Party Claim.
Documents / Records
Material used to support your case, including any contracts, cheques, invoices, letters receipts, repair estimates, photographs or videos, printouts of any email or other electronic messages, copies or transcripts of any voice mail messages, etc.
The legal process to collect money based on a Judgment from the Court.
A party who is owed money under a Judgment
A party who owes money under a Judgment
Examination of Witness
The questioning of a witness under oath or affirmation about what they know about the action
A document or material object entered as evidence, in Court or attached to an Affidavit.
An order of a Judge directing a document to be filed even though the document may contain irregularities.
Fixed Term Tenancy
A residential tenancy agreement for a term that ends on a day specified in the agreement.
A person qualified by the Court to interpret proceedings from one language to another.
A decision of a Court.
The legal authority of a Court to hear a case. Different Courts have jurisdiction to hear different matters.
The owner or manager of residential premises that is rented or leased.
The legal time limit to start an action..
A lawsuit or legal action.
A negotiation session with a mediator where all parties to try and settle the action without going to trial.
A structure whether ordinarily equipped with wheels or not, but does not include a holiday trailer or recreational vehicle.
A person who may administer oaths or take affidavits, affirmations and declarations under Notary seal.
Noting in Default
Process where the applicant files a Request to Note in Default when an opposing / third party does not respond to the claim by filing a dispute note.
Notice to Attend as Witness
A document that compels a person to appear in Court to give evidence.
Notice of Appeal
The document required to appeal a Court decision.
Notice of Binding Judicial Dispute Resolution
The document sent to all parties after the consent to a Notice of Binding Judicial Dispute Resolution has been consented to by all parties.
Notice of Trial
The document sent to all parties outlining the date, time and place for the Trial.
Notice of Simplified Trial
The document sent to all parties outlining the date, time and place for the Simplified Trial.
Notice of Payment
When money is paid into Court as a method of settlement, the Provincial Court Office will send this document to the party who is owed the money to determine if they accept or refuse the offer.
Notice to Vacate
A written notice stating the date and time by which the tenant(s) and occupants must vacate residential premises.
Notice of Withdrawal
The document used to discontinue an action or part of an action.
A solemn promise to speak the truth, followed by a swearing to God or other holy person.
Offer to Settle
A written document sent by one party to another setting out the terms by which they are willing to settle all or part of a Court action.
A direction or decision of a Judge.
Order for Recovery of Possession
Decision of a Judge which directs a Tenant to give up possession of residential premises to the landlord and. grants the landlord possession of the property.
A tenant who does not vacate residential premises after the tenancy has expired or been terminated.
A business or firm in which two or more co-owners contribute resources, share in profits and losses, and may be individually liable for the business or firm's actions.
A general term used to refer collectively to persons involved in an action.
A person who starts a Court action.
Pleadings are documents in an action that are a Civil Claim, Counterclaims, Third Party Claims and Dispute Notes to any claims.
An informal process where the parties meet with a Judge intended to assist the parties with reviewing the facts, helping to identify those facts that are agreed upon or in dispute and clarifying issues between the parties.
A document obtained through a Court search that contains a list of all the documents filed to date in a particular action.
A person hired by a party to serve legal documents on their behalf and then complete the Affidavit of Service.
Re-examination of Witness
An opportunity to ask your witness about statements made during the cross-examination. Only questions related to what the witness said during cross-examination are allowed. No new facts may be brought in.
Delivering a document by mail or courier. Receipt of the document must be acknowledged in writing.
Any registry office that conducts searches such as Corporate Registry, Trade Name and Limited Demographic searches.
A solution granted by the Court to resolve an action.
Payment to a Landlord under a residential tenancy agreement for the right to use or occupy residential premises. Rent does not include the security deposit.
A Court action to recover personal property that has been wrongfully or unlawfully taken or detained.
Any place occupied by an individual as a residence.
Residential Tenancy Agreement
A written, oral or implied agreement to rent residential premises.
Residential Tenancy Dispute Resolution Service (RTDRS)
A government agency that hears and decides Landlord and Tenant disputes.
A party who responds to an application or appeal.
Security Deposit (Damage Deposit)
A payment required by a Landlord from a Tenant to be held by the landlord as security for the performance of an obligation or the payment of a liability by the Tenant.
The delivery of legal documents to another party in an action.
The process of applying to Court for an Order reversing (setting aside) a Judgment or previous Order that was made as a result of a party being in Default.
Style of Cause
The top portion of all Court documents that names the parties.
Generally, this occurs when a Tenant does not follow certain agreements made with the Landlord or when the Landlord does not make sure that the residential premises meet certain minimum standards. You must look at the Residential Tenancies Act to see specifically what is defined as a substantial breach in that Act.
An alternate way to serve a filed Court document that would not otherwise be allowed except by Court Order.
To declare something is true under oath.
A written, oral or implied agreement to rent residential premises.
A person permitted by the landlord to occupy Residential premises under a residential tenancy agreement.
To give evidence as a witness in Court.
Termination of Tenancy
To end a residential tenancy.
A person who has had a Third Party Claim filed against them, typically by a Defendant, because they believe that person is responsible for all or part of the claim that was brought against them or because they want that person to be bound by a decision on an issue between the Plaintiff and Defendant.
Third Party Claim
The form that is filed to make a claim against Third Party.
The formal process in Court of examination of evidence before a Judge.
A Trial Statement is a form for you to fill out with the facts, amounts claimed or disputed, list of names of witnesses, and for you to attach all relevant documents and records. The Trial Statement also has the parties acknowledge they will be ready to proceed on the trial date, that the entire trial must be completed in the time allotted and they have attached all relevant documents and records. The parties must also acknowledge that they can and should attempt to settle the matter before trial.
A name under which a business operates and is known by, which may be different than the legal name of the individual or corporation that operates the business,
For example: 123456 AB Ltd. operating as John’s Garage. John Doe, operating as John’s Pizza
The document that means you do not have to pay filing fees because of financial hardship. A Waiver is valid for a period of six months.
A person that appears in court to give evidence.
The money to be paid to a person who is served with a Notice to Attend as a Witness. The amount to be paid is set out in the Provincial Court Fees Regulation.
The process to discontinue an action or a part of an action.