Category Legal Word of the Day

Legal Word of the Day: “Reasonable Apprehension of Bias”

“Reasonable Apprehension of Bias” — A reasonable apprehension of bias is the standard by which a judge or decision maker can be removed. Bias is a predisposition to rule in favour of one side to the detriment of the other. The bias can be real or perceived. Justice de Grandpré explained the test for reasonable […]

Legal Word of the Day: “And / Or”

“And / Or” — Appears between two or more persons, statements or things in a list. It can be read either conjunctively (connected) or disjunctively (separating). For example, “A and/or B” can be read as “A and B” or “A or B.” Robert Dick, in his book Legal Drafting in Plain Language, states that term […]

Legal Word of the Day: “Limitation Period”

Limitation Period — Time limit on initiating an action, claim or complaint. The action may be related to remedy an injury, loss or damage from an act or omission. In Ontario, these time limits are set out in the Limitations Act, 2002. It came into force in 2004 and was amended in 2006 to permit […]

Legal Word of the Day: ‘Non Est factum’

“Non est factum” — Literally, “it is not his deed,” or “the document did not follow his hand.” This is a defence in contract law. A contract can be voided if a person who signed it can show he did so in error, as a result of misrepresentation and while mistaken as to its nature […]

Legal Word of the Day: “Judicial Review”

“Judicial Review” — A procedural oversight process, to determine whether a decision-maker exceeded its statutory mandate or breached principles of procedural fairness in reaching a decision. The Judicial Review court can issue orders for: mandamus, prohibition or certiorari. It can make declarations, or issue injunctions, or both. Judicial Reviews are not appeals. They allow a […]

Legal Word of the Day: ‘Ombudsman’

“Ombudsman”: — A government appointee who represents the interests of the public by investigating complaints about the way the government and public servants carry out their duties. Ombudsmen are “government watchdogs.” They get involved when other administrative options to resolve a complaint about government, agencies, boards or tribunals have been exhausted. An ombudsman is usually […]

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