Law made by provincial legislature or the federal parliament.  (The Divorce Act of Canada is the law that explains how to get a divorce.)

See also Law; Statute; Regulation

When a decision-maker resolves a dispute after considering the law and the evidence and arguments of the parties.  (The adjudication was delayed so a mediator could try to settle the dispute.)

See also Adjudicator; Alternative dispute resolution; Decision; Decision-maker

Official person who resolves disputes between parties. (Members of administrative tribunals are adjudicators.)

See also Adjudication; Decision-maker

Facts and things that a tribunal can consider when making a decision about a case.  (Louis is unhappy about the government’s decision and asks a tribunal to reconsider it.  The letter sent by the government to Louis is admissible evidence because it shows that the government refused to give him unemployment benefits.)

See also Evidence; Rules of evidence

1.  To promise to tell the truth when testifying as a witness or making an affidavit. (Joe answered and affirmed he would tell the truth.)

See also Affidavit; Testify; Testimony

2.  When a court decision is approved by an appeal court.  (The Superior Court affirmed the decision of the Board of Review.)

See also Appeal

1.  Promises made by two or more people to each other to do something or to not do something.  (A lease is an agreement in which the landlord promises to rent to the tenant and the tenant promises to pay rent.)

2. The document containing promises made by two or more people to each other to do something or to not do something.  (Sylvie gives the agreement she signed with her employer to the tribunal.)

See also Contract, Settlement

Different ways other than adjudication used to resolve disputes, including negotiation, conciliation, mediation, and arbitration.  (The parties were given a brochure on alternative dispute resolution.)

See also Dispute; Settle; Settlement

1. When a court checks a tribunal’s decision to make sure it was correct.  (When an appeal is possible, it can be “as of right” [a party does not need permission to appeal] or “with leave” [a party must obtain permission to appeal].)

2. A party who disagrees with a tribunal’s decision may appeal the decision to a higher court.  (Decisions made by some tribunals cannot be appealed.)

See also Appellant; Court; Respondent

1.  A party’s request made to a tribunal, asking the tribunal to order something.  (Carla made an application, asking a tribunal to order a witness to attend a hearing.)

2.  The document containing a party’s request to a tribunal.  (An application contains the reasons for the request.)

See also Applicant; Complaint; Claim; Motion; Respondent

Neutral and fair person who ends disputes using arbitration.  (The arbitrator had the witness sworn in.)

See also Adjudicator; Arbitrate; Arbitration; Neutral

Something that has not been paid, but needs to be paid. (Maria’s rent is in arrears because she missed her rent payment last month.)

Document guaranteed to be an exact copy of an original document.  (Matthew received a certified true copy of a tribunal’s decision.)

In order of time, from what happened first to what happened last.  (Antoine is making an affidavit to describe the car accident so he writes down what happened in chronological order.)

See also Affidavit

Party who makes a claim.  (Mark is the claimant in the claim against Tina, who becomes the respondent.)

See also Claim; Party; Respondent

Argument made by a party to a decision-maker at a hearing after the parties have presented their evidence.  In its closing argument, a party argues how the law and the evidence show that it is right and the other party is wrong.  The party also states the decision it would like the tribunal to make.  (In written hearings, closing arguments are written down and given to the decision-maker.)

See also Argument; Submission

Contract between an employer and a trade union (a group of employees who join together to negotiate their working conditions).  (A collective agreement is the result of negotiation between the employer and the trade union about wages and other working conditions.)

See also Agreement, Contract

Decision-maker who works at a commission.  (The commissioner adjourned the hearing.)

See also Commission; Decision-maker

Party who makes a complaint.  (Annie is the complainant in a case against her employer, who is the respondent.)

See also Claimant; Complaint; Party; Respondent

A way to resolve disputes using a conciliator.  (An employer and a trade union may use conciliation to reach a collective agreement.)

See also Alternative dispute resolution; Conciliator; Mediation

Private or secret information.  (Lisa tells her lawyer Martha about some problems with her landlord that she wants kept confidential.)

See also Closed hearing

Give permission or agree.  (Karim consents to try mediation to resolve his dispute with a classmate.)

See also Alternative dispute resolution; Mediation

1. Promises made by two or more people to each other to do something or not do something.  (Monica signed an employment contract with Irene for her work as Monica’s assistant.)

2. Document containing promises made by two or more people to each other to do something or not do something.  (Irene filed the contract as evidence at the hearing.)

See also Agreement, Settlement

1. Lawyer representing a party before a tribunal.  (Counsel for the respondent asked for a short adjournment.)

2. To give advice to someone.  (Hal was able to counsel Michael not to lose his temper.)

See also Agent; Represent; Representative

When a person makes up their mind about something; solving a dispute by saying what is to be done.  (After the hearing, the tribunal’s decision was that Robin must pay damages to Megan.)

See also Adjudication; Award; Oral decision; Written decision

Money that is taken away or held back for something.  (The employer made deductions from Sal’s pay cheques for union dues and taxes.)

See Response

1. Showing the necessary care and attention. (Doing something with diligence means doing it carefully.)

2. Doing something quickly and efficiently. (The lawyer sent the notice with diligence.)

When parties show or give copies of their evidence to each other before a hearing. (The tribunal rules require disclosure by the parties of their written evidence to each other.)

See also Disclose; Disclosure; Evidence; Hearing; Preliminary motion

Freedom given to a decision-maker, by the law, to decide how to manage the processing of a complaint or to resolve a dispute.  (The Appeal Court said the question was decided in the arbitrator’s discretion.)

1. To fire an employee. (The employer dismissed the employee without any explanation.)

2. To refuse to deal with someone or something; to end something, like a hearing. (The tribunal dismissed her claim because of lack of evidence.)

Hearing held by a telephone conference call or a video conference.  (The parties, their lawyers, agents, and witnesses all participated in the electronic hearing by video conference.)

See also Oral hearing; Written hearing

Information or things presented to a tribunal to prove a fact; these can include such things as a videotape or documents, affidavits, visual demonstrations, witnesses, and expert testimony.  (There was no evidence brought to support the main claim.)

See also Admissible evidence; Allegation; Expert evidence; Rules of evidence; Testimony

When a party calls a witness and asks that witness questions to have the witness describe what she or he knows about the facts of the case as evidence.  (Bob called Maya as a witness and conducted an examination of Maya.)

See also Cross-examination; Re-examination, Testimony

Opinion or information given by an expert witness about something proven to have happened in a case, based on the expert’s special knowledge or skill.  (The expert evidence supported the claimant’s position.)

See also Admissible evidence; Expert witness.

1. Money paid for services. (The fees were paid to the lawyer for the work she did at the hearing.)

2. Money paid to register something or to put in documents at a tribunal or court.  (The fees for service of a summons by the agent are $25.)

See also File

1. When a person thinks that something is illegal or unfair or is denied a right.  (The claim was filed because of John’s grievance against his mother.)

2. A disagreement between an employer and employees about a collective agreement or with a single employee over rights under the agreement.  (The employee filed a grievance.)

See also Collective agreement; Dismiss; Right

An event; something that happens.  (Carlos was injured at work in an incident involving three others.)

When someone’s rights have been violated; something that interferes with a person’s rights.  (The new regulations are an infringement of rights of the co-op residents.)

See also Right

Carefully trying to find out the truth about something.  (The employer had carried out an investigation to learn more about the claims.)

Person who is trained and authorized to give legal advice to people.  (Lawyers explain the law and advise people more than they go to court.)

See also Counsel; Law; Represent; Representative

Permission to appeal a tribunal’s decision.  (Fiona must get leave to appeal from a court before she can appeal a tribunal’s decision.)

See also Appeal

Type of law made by the government; statutes and regulations.  (The Divorce Act is legislation that deals with divorce.)

See also Act; Law; Regulation; Statute

When something is required to be done.  (It is a mandatory requirement to serve documents by registered mail.)

Neutral and fair person who helps people talk through and solve a problem without taking sides.  (The mediator first met with each side alone to hear their stories.)

See also Arbitrator; Impartial; Mediation; Neutral

Real issues in the application, complaint, claim, or appeal.  (This decision was made on the merits and not for any technical reason.)

See also Dispose of the complaint on the merits.

Decision of a tribunal giving money to a party.  (Mike expects to receive a monetary award, but he cannot wait for that.)

See also Award; Compensation; Damages

Request made by a party to a tribunal, asking the tribunal to order something.  A motion can be written or spoken at a hearing.  (Kasper makes a motion for disclosure of evidence at the hearing.)

See also Disclosure of evidence; Interim order; Moving party

Not biased or prejudiced.  (Decision-makers at tribunals must be neutral.)

See also Arbitrator; Code of conduct; Code of ethics; Impartial; Mediator

1. When someone gets told about something by someone else who writes or speaks to them about it.  (Milan sent his landlord Mitch a letter so Mitch has received notice that urgent repairs are needed.)

2. A notice is a document that informs a person about something happening at a tribunal that they need to know about.  (Tran receives a notice of hearing, which tells him to attend a hearing at the tribunal at 10 a.m. on December 13, 2007.)

See also Ex parte; Default; Notice of motion; Notification; Proof of service.

When a party opposes certain evidence presented by the other party or the way in which the other party is proceeding with its evidence.  (Bernice’s witness has been talking about something not connected to the case so Laura gets up and says,”Objection, this is not relevant.”)

See also Admissible evidence; Evidence; Rules of evidence

Not doing something that a person is required to do by law; a person may be held liable for their omission.  (Drivers who don’t stop at red lights can be held liable for their omission.)

What a party says at the beginning of a hearing, before giving their evidence, to explain the issues in dispute and the evidence that they will have.  (In his opening statement, Harry explained the other kinds of evidence he would present.)

Answers given by a witness in testimony at a hearing.  (The complainant’s mother is in hospital and not able to give oral evidence.)

See also Affidavit; Cross-examination; Examination; Re-examination; Testimony; Witness

1. Person or organization, company, or government agency in a dispute that a tribunal will handle, including the applicant or a claimant, a complainant or appellant and respondent.  Other participants such as witnesses, lawyers, or agents are not parties.  (Lucie is an applicant and Javed is a respondent so they are both parties in this case.)

2. Person or organization that made a contract or an agreement with another.  (Pierre and Jim are the only parties to the contract.)

See also Agreement; Appellant; Applicant; Claimant; Complainant; Contract; Respondent

A meeting of the parties and the tribunal or mediator before the formal, main hearing of the case to decide on the issues in dispute, to set dates for steps like disclosure of evidence, and to set the length of time needed for the hearing.  (At the pre-hearing conference, the parties were actually able to settle their disagreement.)

See also Disclosure of evidence; Hearing; Issue in dispute; Mediator; Settlement

Request made to a tribunal before the hearing starts, on preliminary issues or preliminary matters.  Preliminary motions can also be called preliminary applications or interim motions.  (The respondent’s preliminary motion challenged the jurisdiction of the tribunal.)

See also Adjournment; Disclosure of evidence; Interim order; Jurisdiction; Motion

1. The case being taken through the steps at a tribunal.

2. The activity in a case at a tribunal.  (There has been a motion for adjournment of this proceeding.)

A part of a law, or a regulation, or a contract, a will, or other legal document.  A provision can also be called a clause, paragraph, section, article, or term. (The respondent claims that this provision of the Act violates the Charter of Rights.)

When a tribunal reviews its own decision, so that it can check if the decision is correct.  (Reconsideration is sometimes called reopening or rehearing.)

See also Appeal; Judicial review; Review

Making rules and enforcing them to control some activity.  (The Milk Board regulates the sale of milk products.)

See also Law; Regulation

Fact or thing linked to an issue or dispute, relevant because it helps prove that something happened or didn’t happen, or that something exists or doesn’t exist.  (The doctor’s report is relevant evidence that shows when Julia became sick.)

See also Admissible evidence; Rules of evidence

To make a decision and publish it to the parties or the public.  (The tribunal promised to render a decision before the end of the month.)

See also Adjudicate; Arbitrate; Decide

Person who acts for another person. (Margaret’s lawyer Alex is her representative and all correspondence goes to him.)

See also Agent; Counsel; Lawyer, Represent

Person against whom an appeal, an application, a complaint, or a claim is made, and who must respond or answer to the appeal, application, complaint, or claim. (Marcus filed a complaint against Bridget, so Bridget is the respondent.)

See also Appellant; Applicant; Claimant; Complainant; Party

1. Part of the hearing when a respondent presents evidence and arguments against the other side.  (After hearing the claimant’s evidence, the tribunal started to hear the response’s evidence.)

2. Documents containing the respondent’s facts and arguments.  (A party must file a response after being served with a claim.)

3. Legal concept that justifies behaviour that would otherwise be illegal.  (The response explained why the person was fired without any warning.  This is also called defence of cause.)

See also Arguments; Evidence; Hearing; Respondent

To check over something to make sure it is correct, or to reconsider it, such as when a tribunal may check its own decision, or a court considers a decision of a tribunal.  (The decision was reviewed by a new panel of members.)

See also Appeal; Judicial review; Jurisdiction; Reconsideration

A set of rules that a tribunal uses to figure out if some fact or thing can be accepted for its consideration: Is it relevant, reliable, necessary, and fair?  (The lawyers started arguing over the rules of evidence and how they applied to admitting the store receipt.)

See also Admissible evidence

To divide something or break it up into parts.  (Janet’s application to the tribunal deals with two different, unrelated respondents so the tribunal decided to server the application, so that each can be dealt with separately.)

See also Application; Parties

When something is not practical or it is just a guess because information is missing.  (The applicant’s actual costs are only speculative at this time, so I am going to adjourn the hearing until he can bring in his receipts.)

To suspend or put off until later, such as a stay of a decision during an appeal or a stay of a case forever.  (Tammy applied to stay the decision because she does  not want to have to follow the decision until the court finishes its review.)

See also Adjourn; Appeal

1. To hand in or give something.  (Aaron hurried to submit his response to the tribunal.)

2. When a party tells a decision-maker of its opinion about something; can be written submission.  (During the hearing, Gio submits that his employer discriminated against him.)

See also Argument; Hearing; Response; Submission

To show evidence to prove something.  (Mira showed the dates in her lease agreement to substantiate that her lease was for one year.)

See also Evidence

Answers given by a witness at a hearing.  (Tia’s testimony lasted about an hour.)

See also Cross-examination; Examination; Re-examination; Witness

The tribunal members’ written explanation of their ruling, including any orders and remedies in it.  (It is our practice to send the parties the written decision within a month after the hearing takes place.)

See also Decision; Oral decision; Order; Remedy