Legal definitions! 

 

Act of Settlement: A statute passed by the Parliament of the U.K. in 1701 which settled the succession to the throne of the U.K. and confirmed the independence of the judiciary;

Act: A statute enacted by Parliament or a legislature;

Action: A civil law proceeding sometimes called a "lawsuit";

Adjournment: the postponement of a court proceeding or session until another date; may be with a specified date or without which is sometimes referred to as being “adjourned sine die”; “sine die” is the Latin term meaning without a day; see Remand;

Affidavit: a written statement of fact either sworn or affirmed by the person making it (called the “deponent”); a form of evidence (in contrast to verbal testimony given in court) filed and to be considered by the judge in deciding a particular matter;

Aid: To assist someone to commit a criminal offence;

Amicus Curiae: a Latin term meaning “friend of the court”; commonly found in family law cases; a person, usually a lawyer, is appointed as “amicus” on behalf of a child by the court. The amicus is responsible to the court in providing whatever input the court requires, i.e. the views of the child respecting proposed custody arrangements;

Appearance: The document by which a defendant responds to a Writ of Summons or Petition in civil law proceedings;

Appellant: the person who takes an appeal of a decision of a court or other decision-making body;

Applicant: person who applies to the court for a remedy or relief set out in an Application;

Application: a request of the court to make an order for the remedy or relief requested;

Argument: the address or presentation to the court by the parties with the aim of persuading the court to make a decision in their favour; the argument is not evidence; may be in written form contained in a brief submitted to the court; also “closing arguments” used to describe closing remarks or address to the jury by the Crown and defence in a criminal jury trial;

Assize: A sitting of a common law court, usually to hear cases at locations away from the primary court centre;

At bar: An expression used to describe a case that is currently before a court, as in "the case at bar";

Attorney General: An elected member of the legislature and a member of the cabinet who is the chief law officer of the Crown responsible for the proper administration of justice in the Province. In the federal sphere, the Minister of Justice fills this role as Attorney General of Canada;

Attorney, Attorneys: Attorney is the person qualified or authorized to practice Law, who has been appointed by a person or entity to represent them on the court or legal procedures;

Bar: a barrier in the courtroom which separates the court from the public; a term used to describe the members of the legal profession or lawyers as a group - “members of the bar”; the term “called to the bar” refers to the court proceeding when a law student is called by the court to be a Barrister and Solicitor (a lawyer) and is therefore permitted in front of the bar in the courtroom;

 

Barreau du Quebec: Body regulating the practice of lawyers in the jurisdiction of Quebec;

Barrister and Sollicitor: An attorney in the common-law provinces of Canada who is licensed to prepare cases and argue them in court;

Bigamy: A married person going through a ceremony of marriage with a person not his or her spouse;

Bill: A proposed Act or Statute prior to its enactment;

Blasphemous Libel: The publication of material that would shock and outrage the feelings of believing Christians;

Bona fide: A Latin phrase describing an honest and genuine state of mind, literally "good faith";

Business Immigrant: Business immigrants include three classes of immigrants--investors, entrepreneurs and self-employed people. Business immigrants become permanent residents on the basis of their ability to become economically established in Canada. The spouse and children of the business immigrant are also included in this category;

Canadian Bill of Rights: A statute passed by Parliament in 1960 purporting to guarantee certain rights. It has been largely superceded by the Canadian Charter of Rights and Freedoms;

Canadian Charter of Rights and Freedoms: Since 1982, a part of the Constitution of Canada guaranteeing certain specific rights and protections against state action;

Canadian citizen: Canadian citizen is a person who was born in Canada or who has applied through Citizenship and Immigration Canada and has received a citizenship certificate;

Case Conference: a meeting of a judge and the parties and/or their lawyers to ensure that procedures are followed for the cost-effective and timely determination of the case and to explore the possibility of settlement of issues in the case;

Caveat: a formal notice or warning against certain actions being taken by a court; most often seen in regard to the granting of probate of a will by the court; most common usage as a document that is filed in the Land Titles Office to warn of possible title defects;

Certiorari: An "Extraordinary Remedy" used by a superior court to quash an order or decision made without jurisdiction by a court or tribunal of inferior jurisdiction;

Challenge for Cause: The right of a party to a jury trial to object to the empanelment of a juror for some reason such as interest or bias;

Chancery: The court administered by the Lord Chancellor for the exercise of equitable jurisdiction;

Child support: This is the amount of money fixed in accordance with Federal or Provincial law guidelines necessary supporting the expenses of a minor child;

Circumstantial Evidence: As distinguished from direct evidence. Evidence which does not prove a fact in issue directly, but rather indirectly by inference from subsidiary facts such as when a witness says "I heard a shot and I saw the accused with a gun in his hand standing over a body lying on the ground." From these facts, if believed, a jury could infer that the accused shot the person lying on the ground;

Cite or Citation: A system, after "citing" or referring to a case or statute, of identifying where the "cited" case or statute may be found – e.g., [1989] 2 S.C.R. 1, means that the case is reported in the second volume of the Supreme Court of Canada Reports for 1989 at page 1;

Civil Case: a court proceeding which involves legal issues between individuals/organizations/governments; court proceedings other than criminal matters; may or may not refer to cases involving family law disputes;

Code: A complete statement of the law in a given area. In Canada we have a Criminal Code, an Act of the Parliament of Canada which creates criminal offences, and prescribes the procedure for the conduct of criminal law proceedings. Quebec has a Code of civil laws;

Colour of right: An honestly held belief in entitlement to property; a defence to a charge of theft;

Common Law: The law as stated in the decisions of the judges from the earliest times to the present;

Compendium: A collection of writings;

Conscripted Evidence: Evidence obtained from a person against his or her interest, such as bodily fluids, or a confession or admission;

Consecutive sentence: A sentence for an offence that must be served consecutively, rather than concurrently or at the same time, with another sentence;

Contemnor: A person who has been convicted of contempt of court;

Contempt of Court: A common law offence committed by one who disrupts court proceedings or interferes with the court’s work, which the court may punish summarily;

Contested: a term used primarily in civil proceedings to describe a proceeding where the respondent/defendant takes steps to “contest” the claims of the plaintiff/applicant; as opposed to an “uncontested” matter where the responding party does not take any steps to oppose the claim of the plaintiff/applicant;

Convention refugee: A convention refugee is defined in very specific terms by international laws.  Any person who, a) by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group, or political opinion, i) is outside the country of his nationality and is unable or, by reason of that fear, is unwilling to avail himself of the protection of that country or ii) not having a country of nationality, is outside the country of his former habitual residence and is unable or, by reason of that fear, is unwilling to return to that country; and b) has not ceased to be a Convention refugee by such reasons as voluntary repatriation;

Convention: An unwritten but generally understood principle of constitutional law;

Coram: a Latin word meaning “in the presence of”; often used in appeal court judgments indicating the panel of appeal judges before whom a case was heard;

Costs: see Solicitor and Clients Costs or Party and party Costs;

Counsel: to advise or persuade a person; another term for lawyer as in “legal counsel”;

County and District Courts: Federally appointed courts of inferior jurisdiction that have all been merged into the senior superior trial court in each province. There are no longer any County or District Courts in Canada;

Court of King’s (or Queen’s) Bench: The senior common law court in the U.K. and the name of the senior, superior trial court in many Canadian provinces;

Criminal Rate of Interest: An annual rate of interest in excess of 60%;

Cross-Examination: The examination (asking questions), by opposing counsel after the completion of the examination in chief of a witness by the lawyer for a party that called the witness;

Defamatory Libel: Publishing material without lawful excuse that exposes anyone to hatred, contempt or ridicule;

Defendant: in a civil case, the person who is being sued and in a criminal case may be used in place of the “accused”;

Denunciation: A principle of sentencing used to describe the view that one of the purposes of sentencing is to express society’s emphatic disapproval of criminal conduct;

Dependant: The spouse, common-law partner or conjugal partner and children of a landed immigrant. A dependent child is either a biological child or an adopted child. Children can be dependent if they meet one of the following conditions: they are under age 22 and unmarried or not in a common-law relationship; they have been full-time students since before age 22, attend a post-secondary educational institution and have been substantially dependent on the financial support of a parent since before age 22 and, if married or a common-law partner, since becoming a spouse or a common-law partner; or they are age 22 or over and have been substantially dependent on the financial support of a parent since before age 22 because of a physical or mental condition.  Before June 28, 2002, dependants were defined as the spouse of a landed immigrant and the children of that immigrant who were unmarried and under 19 years of age; or continuously enrolled as full-time students in an educational institution and financially supported by their parents since reaching age 19 (or if married before age 19, from the date of their marriage); or due to a medical condition, unable to support themselves and are dependent on their parents for financial support;

Direct Evidence: As distinguished from circumstantial evidence. Evidence that proves a fact in issue directly without relying upon an inference from other facts, such as when a witness says "I saw A shoot B.";

Discovery: The processes for the production and inspection of relevant documents, sworn answers to written questions (interrogatories) about facts in issue, or pre-trial cross-examination under oath of parties in civil law proceedings;

Disposition: the outcome of a case;

Divorce Act: Canadian law regulating the divorce in Canada;

Divorce: occurs when a marriage is officially ended by a court, orders that only affect married couples;

Economic Immigrant: People selected for their skills and ability to contribute to Canada's economy, including skilled workers, business people and provincial nominees;

Employment authorization: A visa officer issues an employment authorization, allowing a person who isn't a Canadian citizen or permanent resident to work temporarily in Canada;

Entrepreneur: An immigrant who has been admitted to Canada by demonstrating that they: have managed and controlled a percentage of equity in a qualifying business for at least two years in the period beginning five years before they apply; and have a legally obtained net worth of at least $300,000 Canadian;

Equity: A system of laws parallel to the common law. Equity was developed to ameliorate the harshness of the common law which recognized only strict legal rights;

Et al.: Literally, "and others"; it is usually used after the name of the first party in a Style of Cause to indicate that there are other, unnamed parties;

Ex Parte: where a court proceeding is heard in the presence of one party only and without notice to the other party(s); in the rules of the Court of Queen’s Bench of Manitoba, the term ex parte has been replaced with words “without notice”;

Examination in chief: The process, sometimes called direct examination, where the lawyer calling the witness asks non-leading questions to have the witness give the court his or her evidence;

Executive Branch of Government: There are three branches of government: the Executive, comprising essentially the Cabinet and the Ministries; the Legislative Branch, being Parliament in the federal sphere and the legislatures in the provincial sphere; and the Judicial branch;

Exhibit: physical evidence that has been tendered or filed with the court, for example a document, weapon, item of clothing;

Extraordinary Remedies: Habeas Corpus, Certiorari, Prohibition and Mandamus, which are the names of proceedings taken in a superior court to require courts and tribunals either to stay within their proper jurisdiction, or to exercise properly the jurisdiction they have;

Factum: a bound volume filed with an appeal court which is made up of four parts: (1) an introduction as to what the appeal is about; (2) a summary of the facts that relate to the issues in the appeal; (3) a list of the issues in the appeal; and (4) an argument which contains statements setting out the law and facts to be discussed with reference to the particular evidence;

False pretence: A false representation of a past or present fact made by a person who knows it is false and intends that it be acted upon;

Family law: Set of laws and regulations respecting family law in a particular jurisdiction such as Montreal, Quebec;

Family sponsorship: A class of immigrants to Canada made up of close relatives of a sponsor in Canada, including a spouse, common-law partner or conjugal partner; dependent children; parents and grandparents; children under age 18 whom the sponsor intends to adopt in Canada; children of whom the sponsor is the guardian; brothers, sisters, nephews, nieces and grandchildren who are orphans under age 18; and any other relative, if the sponsor has no relative as described above, either abroad or in Canada;

Family residence: Principal residence used by a married couple during the marital relationship;

Federal Court: Canadian court handling, among others, immigration contestations, disputes and litigations;

Flows: Based on the initial entry method, the number of people identified as entering the CIC system (and presumably the country) for the first time. CIC commonly measures foreign student flows and foreign worker flows. Flows are calculated based on the earliest effective date of any valid permit issued to a foreign student or a foreign worker. The Monitor's quarterly figures measure foreign student flows and foreign worker flows as opposed to stocks;

Foreign Student or International study (Study visa): A temporary resident who has been approved by an immigration officer to study in Canada. The study permit identifies the level of study and the length of time the individual may study in Canada. Students do not need a study permit for courses of six months or less if they will finish the course within the period of stay authorized upon entry, which is usually six months. Before June 28, 2002, students did not need a study permit for English and French as a second language courses of three months or less. Every foreign student must have a student authorization, but may also have been issued other types of permits or authorizations;

Foreign Worker (Work visa): A foreign national who has been authorized to enter and remain in Canada, on a temporary basis, as a worker. This category excludes foreign students and people who have been issued employment authorizations for humanitarian reasons. Every foreign worker must have an employment authorization, but may also have other types of permits or authorizations;

Forgery: The making of a false document fraudulently and with the intent that it be acted on;

Fraud: A knowingly wrong act or deceitful representation;

General Damages: compensation sought by the Plaintiff in an action that is not specified but where the court is to determine the appropriate amount to be awarded as damages;

General Deterrence: A principle of sentencing that assumes a prison sentence for A will deter others from committing the same or other offences;

Government-Assisted Refugees: People who are selected abroad for resettlement to Canada as Convention refugees under the Immigration and Refugee Protection Act or as members of the Humanitarian-protected Persons Abroad Classes, and who receive resettlement assistance from the federal government;

Governor General: The personal representative of the Sovereign in Canada and the largely ceremonial Head of State when the Queen of Canada is not in Canada;

Habeas Corpus: An "Extraordinary Remedy" which requires anyone detaining a person to justify such detention to a superior court. While generally used in criminal law proceedings, this ancient remedy also applies in a civil law context;

Immigrant: An immigrant is a person who comes to settle in Canada as a permanent resident;

Immigrant Investor: The Investor definition has recently changed, the previous definition was an immigrant who has been admitted to Canada because they: have business experience as defined in the Regulations; have a legally obtained net worth of at least $800,000 Canadian; and have invested $400,000 Canadian before receiving a visa. The Canadian government allocates the investment to participating provinces and territories, which guarantee the investment and use it to develop their economies and create jobs. The investment is repaid, without interest, after five years;

In personam: A Latin phrase meaning that proceedings are being taken against a person in her or his individual capacity, "personally", as opposed to an action in rem, which would be directed at an asset such as a ship, real estate, or a fund of money;

Inherent Jurisdiction: A well understood but unspecific, unwritten jurisdiction that gives superior, non-statutory courts authority to provide required remedies and to maintain their own authority such as by injunction, contempt and other proceedings;

Injunction: A court order requiring those "enjoined" from doing or continuing to do some act that the court considers they have no right to do, or, in the case of a Mandatory Injunction, requiring them to do what the court considers they are legally obliged to do;

Interim Order: a decision of a court that is not the final outcome of the matter; commonly occurs in family law cases where an interim order is made by the court regarding issues that may ultimately be decided at a later date, i.e. at a trial;

Interlocutory Order: A procedural order that does not finally dispose of an action, made in the course of proceedings — e.g., an order to amend a pleading or to adjourn a trial;

Intermittent Sentence: A sentence of less than 90 days that can be served in segments, usually on weekends;

Intra Vires: Literally, within the powers. Valid, or within a body’s jurisdiction, such as "legislation relating to substantive criminal law is intra vires the federal government";

Joint Assistance Sponsorship (JAS): A joint undertaking by a sponsoring group and CIC to sponsor refugees requiring special assistance and whose admissibility depends upon the additional support of a sponsor. In order to resettle successfully, these refugees may require more than a 12-month sponsorship. Under the JAS Program, CIC provides financial assistance to cover the cost of food, shelter, clothing and essential household goods. The sponsor's role is to provide orientation, significant settlement assistance and emotional support. Refugees sponsored under the JAS program are identified as having special needs that will likely result in a longer or more difficult period of integration;

Judgment: the final decision by the court in a legal proceeding; judgment and decision are often used in the place of each other; may be written or given orally in court; may also be reserved by the court at the end of the proceeding and given at a later date, usually in written form;

Jurisdiction: the scope of authority given to a particular court, tribunal or other decision-making body; the types of cases a court or decision-making body has the power to determine; the geographical area in which a court or decision-making body has the power to make decisions;

Justice System: An unspecific and ill-defined term often used to describe one or all of the various components of the law-related institutions of the state, including courts, lawyers, police, parole, prisons and other corrections facilities;

Landing: The permission given to a person to live in Canada as a permanent resident. An immigrant who has been "landed" is a permanent resident;

Law Reports: Verbatim reports or summaries of court decisions, usually published with an editorial summary called the "headnote";

Law Society: A statutory body created by the Legal Professions Act to which all lawyers must belong. The Society governs the admission of lawyers to the legal profession and disciplines them for misconduct. The society is operated by 28 Benchers elected by all the members of the Society to represent geographic regions of the province;

Lawyer: Individual recognized by his or her jurisdiction to practice law and represent clients before the courts or tribunals;

Leader of the Opposition: The leader of the Opposition in Parliament or a legislature;

Leave: the permission of the court to proceed; for example, to “seek the leave of the court” to file an appeal;

Legislation: One or more statutes or Acts enacted by Parliament or a legislature;

Legislature: The provincial equivalent of the federal Parliament but with only one House, usually called the Legislative Assembly;

Level of Skill: Skill levels for foreign worker occupations are derived from the National Occupational Classification (NOC) system. They are: 0  -  Managerial, A  -  Professionals, B  -  Skilled and Technical, C  -  Intermediate and Clerical, D  -  Elemental and Labour, E  -  Not Stated (This category is the result of special programs and of foreign workers who were able to enter Canada initially with no requirement for a foreign worker permit);

Level of Study: There are five levels of study shown for the foreign student population in Canada. They are: University - Foreign students pursuing undergraduate, postgraduate (master's and doctoral) and other studies at university institutions in Canada. Trade - Foreign students pursuing education in a vocational trade at non-university educational institutions in Canada (such as technical and vocational institutions, CEGEP, and colleges). Other Post-Secondary - Foreign students pursuing a post-secondary level of study, not specifically university or trade level. This category may include language institutions, private institutions and university qualifying programs. Secondary or Less - Foreign students attending primary or secondary educational institutions in Canada. Other - Foreign students who could not be classified at any of the above levels of study;

Lieutenant Governor: The provincial counterpart of the Governor General. There is a Lieutenant Governor in each province;

Litigation: Legal dispute between different parties;

Live-in Caregiver: A temporary resident of Canada who has successfully completed the equivalent of Canadian secondary school; has six months of full-time training in a field or occupation related to that for which they are seeking a work permit; is able to speak, read and understand English or French at a level sufficient to communicate effectively in an unsupervised situation; and signs an employment contract with the future employer.  Participants in this program may apply for permanent resident status in Canada after completing two years of live-in caregiving employment within three years of arrival in Canada;

Mandamus: An "Extraordinary Remedy" used by a superior court to require a court or tribunal of inferior jurisdiction to exercise a jurisdiction that it has;

Master: a judicial officer of the Court of Queen’s Bench in Manitoba and who has authority to make procedural orders during the course of a court proceeding and other orders as set out in the Rules of the Court;

Matrimonial property: certain property owned by married couples gathered during the union;

Mediation: A process by which a mediator attempts to bring the parties together and achieve an amicable settlement;

Mediators: An individual recognized by his or her jurisdiction authorized to preside mediation hearings;

Mens Rea: Literally, a guilty mind; actually, with the actus reus, the other major, essential element of every criminal law prosecution;

Minister's permit: In special circumstances, the Minister issues a written minister's permit, giving permission to a person to come into or remain in Canada. If that person, seeking entry, is a member of a class not allowed in Canada or, if already in Canada, has been the subject of a report, he or she requires a Minister's Permit;

Ministry: A branch or department of a government, such as the Ministry of Citizenship and Immigration (federal), or the Ministry of Forests or Education (provincial);

Motion: a request from the court for an order for the relief or remedy requested which occurs during the course of a court proceeding;

My Lord, Your Lordship, My Lady, Your Ladyship: The usual way of addressing superior court judges in court, as distinguished from "Your Honour", which is the usual term for addressing judges of the Provincial Court. Magistrates were formerly addressed as "Your Worship", but that term is no longer in common use except with reference to the Mayor of a City;

Nisi: An Order Nisi is a preliminary order to be followed by a final order, such as in an "Order Nisi of Foreclosure" or an "Order Nisi of Divorce";

Non obstante: A Latin expression meaning, literally, "notwithstanding". It is often used to refer to s. 33 of the Charter, which permits Parliament or a legislature to enact laws that are exempt from the Charter. The exemption lasts only five years unless renewed;

Order in Council: A rule, regulation or decree made by the cabinet (technically the Lieutenant Governor in Council pursuant to legislative authority;

Order: a decision of a court or other decision-making body that may or may not be the final outcome of the matter;

Other: This category includes people classified asPost-Determination Refugee Claimants or members of the Deferred Removal Order Class;

Pardon: an exemption from a conviction for a criminal offence resulting in the person no longer having a criminal record of the offence committed. The National Parole Board may grant a pardon to anyone who has served his/her sentence and demonstrated that he/she is a responsible citizen. Usually a waiting period is required before being eligible for a pardon;

Parenting Arrangement: This is an agreement reached by the parents in regards to, namely, where the children will live, where they will go to school, their religious education, their medical care, their after school activities and other elements imporant for the parents;

Parliament: The House of Commons and the Senate of Canada;

Party Costs: the costs that may be awarded by the court to a party in accordance with the tariff or schedule of costs set by the court for that particular proceeding, e.g. costs set by the court for the hearing of a motion; does not include the party’s lawyer’s fees;

Party: a person who is plaintiff/defendant or applicant/respondent in a civil proceeding or in a criminal context, a person who actually commits an offence or who is liable as a party to an offence by reason of aiding or abetting or conspiring or counseling the commission of an offence;

Peace Officer: Usually, a police officer; but the Criminal Code provides a much broader definition that includes many public officers such as prison guards, game wardens and many others;

Per Curiam: a Latin term meaning “by the court”; sometimes the written reasons for the decision of an appeal court are not acknowledged to be the reasons of a particular judge of the court but of the court as a whole and the reasons are given under the heading “per curiam”;

Peremptory Challenge: The right of any party to a jury trial to object to the empanelment of a juror without giving any cause or reason for the challenge;

Permanent resident of Canada: A permanent resident is someone who has been allowed to enter Canada as an immigrant, but who has not become a Canadian citizen;

Permanent Residence for Protected Persons in Canada: People who have been determined to be Protected Persons by the Immigration and Refugee Board in Canada or through the Pre-Removal Risk Assessment, and who have been granted permanent residence as a result.

Petition of Right: An historic document in the form of a Petition by Parliament to the new King and Queen, William and Mary, in 1688 by which the new Monarchs agreed, among other things, that judges would be appointed for life, their salaries would be fixed by Parliament, and they could be removed only for breach of their promise of good behaviour. These arrangements were confirmed by the Act of Settlement in 1701 and in the Constitution of Canada;

Petition: a document which commences a civil proceeding other than an action or law suit (which is commenced by a Statement of Claim); a Petition usually seeks from the court relief that is set out under a particular statute, for example a Petition for a Divorce under the federal Divorce Act;

Plaintiff: the person or persons who commence civil law proceedings, as distinguished from the defendant, who is the person(s) being sued;

Pleading: the documents exchanged between parties in a civil law suit that govern the scope of the proceedings; usually a writ, statement of claim, statement of defence, reply, and particulars; pleadings are filed in the court registry and form part of the formal record of the case;

Point of Law: a question regarding a law or legal issue as opposed to a question regarding the facts involved in a legal proceeding; a term often used in determining whether an appeal can be taken of a decision. Some appeals can only be made on a point of law, and not in regard to the facts of the case as they were determined by the trial judge. However, in some cases, the difference between a point of law and a point of fact may be unclear or mixed;

Pre-Trial Conference: a meeting between the parties and/or their lawyers and a judge to settle procedural questions and define or narrow the issues to be tried; settlement of trial issues may also occur;

Prima Facie: Literally, "at first appearance"; a Latin expression used to describe a proposition that, if unanswered, would be accepted as valid;

Principal Applicant (Business Applicant): The person who best meets the definition for one or more of the types of business immigrants and in whose name the application for immigration is made;

Principal Applicant (Economic Applicant): The person who is likely to earn the most points in the self-assessment and in whose name the immigration application is made;

Privately Sponsored Refugees: Refugees selected abroad for resettlement to Canada who receive resettlement assistance from private sources;

Privilege: A legal right to keep some very limited kinds of communications confidential and exempt from disclosure in civil and criminal law proceedings, such as some kinds of communications between solicitor and client, or between husband and wife;

Pro Bono: Done "for the public good" without charge, as in pro bono services provided by a lawyer;

Probate: the determination of the court as to the validity of a will; the Probate Division of the Manitoba Court of Queen’s Bench handles all matters involving the administration of estates and handles requests for both the granting of probate of a will and the letters of administration of an estate without a will;

Provincial Nominee: An immigrant selected by the provinces and territories for specific skills that will contribute to the local economy. The Regulations establish a provincial nominee class, allowing provinces and territories that have agreements with CIC to nominate a certain number of workers. A nominee must meet federal admissibility requirements, such as those related to health and security;

Puisne Judge: a Norman-French name for a judge of a court who is not the Chief Justice or Associate Chief Justice;

Quebec Court of Appeal: Highest ranking court in the Province of Quebec;

Quebec Court: Provincial court in the Province of Quebec;

Record of Proceedings: in regard to a particular case, the listing or recording by the court of all of the appearances and/or proceedings and their outcomes before the court;

Reference: A process by which the government refers a legal or constitutional question, such as the validity of legislation, to a court for the purpose of obtaining a decision of the court on the question referred;

Refugee claimant: A refugee claimant is a person who has arrived in Canada and who requests refugee status. If a refugee claimant is judged to be a Convention refugee (see definition), he or she may then apply for permanent residence;

Registrar: an officer of the court office or “registry” who receives documents for filing with the court and who has authority to certify or confirm decisions on behalf of the court;

Registry: The office of a court where documents are filed and other clerical functions are discharged;

Regulation: a rule or order made by government to carry out the purpose set out in a statute;

Res Judicata: Literally, "that which has been decided"; a principle that prevents a court from hearing or deciding the same case twice. It is usually raised as a defence by a person who has already litigated a matter to conclusion and should not be required to do so again;

Respondent: the person who is in response to or in opposition to an Application made by the Applicant; also a person who is in response to or in opposition to an appeal taken by an Appellant;

Royal Assent: The last procedural step in the enactment of legislation where the Queen’s representative "consents" to the enactment;

Rule of Law: A synonym for law and order; the principle that requires that the powers of the state and its servants shall be derived from and limited either by legislation enacted by Parliament or a legislature, or judicial decisions taken by independent courts. Law by definition is a body of rules of general application. The rule of law is to be contrasted with "rule of man", or "the rule of force" which implies arbitrary, or autocratic governance by an individual or individuals not responsible to the people of the state;

Rules of Court: the procedures which govern the proceedings in the court and which are to be followed by the parties;

Self-Employed People: An immigrant who has (a) shown that they can and intend to create their own employment in Canada;

Separation: it occurs when a couple’s relationship breaks down and they decide to live apart.  Couples who separate may decide to either remain married or continue living together like common-law partners;

Shared custody or Shared parenting: In a shared custody arrangement, the child lives with each parent for at least 40 percent of the time and each parent share the responsibility for making important decisions for th child;

Sine die: a Latin term meaning “without day”; where a court proceeding is adjourned “sine die” there is no specific date set for when the proceeding will be back before the court; often used in civil proceedings where the court grants an adjournment “sine die” and it is the responsibility of the parties to bring the matter back to court at a date and time that is agreeable to the parties;

Skilled Worker (Federal and Provincial): Immigrants selected for their skills, which will ensure their success in a fast-changing labour market and benefit the Canadian economy. The Regulations stress education, English or French language abilities, and work experience involving certain skills, rather than specific occupations;

Sole custody or exclusive custody: In a sole custody arrangement, the custodial parent assumes the main responsibilities of the child and the other parent has access rights and the right to obtain important information about the child;

Solemnization of Marriage: The ceremony of marriage;

Special Damages: a sum of money claimed as damages by a Plaintiff in an action or law suit; in contrast to general damages which does not specify an amount but asks the court to award and determine the appropriate amount;

Split custody: In a split custody arrangement, some children live with one parent most of the time and some live with the other most of the time;

Sponsor: A sponsor is a person who supports an immigration application made by a member of the family class;

Spousal support: In a Court order, the spouse with the higher income may be ordered to pay money to the spouse with the lower income to balance the financial impact of the divorce;

Stare decisis: This Latin expression means "to stand by opinion and not disturb settled matters". This principle requires judges to follow and apply previous binding decisions of their own court or any higher court;

Statement of Claim: a pleading in civil law proceedings where the Plaintiff alleges the facts relied upon in support of the relief or remedy claimed; the document which commences an action or “law suit”;

Statute: A law or Act enacted by Parliament or a Legislature;

Subpoena: a command to appear at a specific time and place to give testimony in regard to a particular matter; some subpoenas may require the person to produce a document or other things in his/her possession;

Summons: a document which requires a person to attend to the court on a specified date and time to answer or respond to a complaint filed with the court; a process in criminal proceedings to require an accused person to attend court to answer to a criminal charge;

Superior Court of Québec: Court of "droit commun" or common law in Québec;

Superior Court: The superior courts whose judges are appointed by Canada, particularly the Supreme Court of Canada, the Federal Court of Canada, the provincial courts of appeal and the senior trial court in each province;

Supreme Court of Canada: Highest ranking court in Canada where all decisions are final and without additional possibilities of appeal;

Supreme Law of Canada: The Constitution of Canada including the Canadian Charter of Rights and Freedoms;

Tariff: a list or schedule of the costs of particular court processes and filings with the court; when a court awards costs to a party it is usually based on the tariff established by the court;

Transcript: the official paper record of a court proceeding which is produced by the transcribing of a recording of the proceedings taken in court, e.g. from an audio cassette or digital disc recording;

Treaty: An agreement reached between Canada and another country that usually requires legislation, or a multi-national agreement to which Canada may become a signatory, or an agreement between Canada and/or a province with an aboriginal people;

Ultra vires: Literally outside or beyond the powers. Invalid, as in invalid legislation, as opposed to intra vires or valid legislation;

Visitor (Tourist Visa): A visitor is a person who is lawfully in Canada, or seeks to come to Canada, not intending to stay. This does not apply to a Canadian citizen, permanent resident, or Minister's permit holder;

Viva Voce Evidence: oral evidence of a witness in a court proceeding as opposed to evidence given in the form of an Affidavit; “viva voce” is a Latin term meaning “living voice”;

Writ: an order issued by the court requiring the performance of a specified act or the giving of authority to have it done;
 

The sources for the above legal definitions are as follows:

http://www.manitobacourts.mb.ca/definitions.html 
http://jurist.law.utoronto.ca/dictionary.htm
http://cicnet.ci.gc.ca/english/about/terms-e.html
The Monitor, a magazine published by Citizenship & Immigration Canada.