Category Fun Stuff

Legal Word of the Day: “Jurisdiction”

“Jurisdiction” – Specific right, power or authority given to an adjudicator, to decide a legal matter.   Jurisdiction is an integral part of the justice system. If an adjudicator makes a decision outside the jurisdiction for the matter, that “jurisdictional deficit” means the decision is subject to appeal or review. There are limits to adjudicative […]

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 […]

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