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Glossary of Terms Used in the Administrative Justice System

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  • a
  • Abate, abatement
    Reducing or decreasing something. (The tribunal ordered an abatement of rent.)
  • Act
    Law made by provincial legislature or the federal parliament. (The Divorce Act of Canada is the law that explains how(...) Read More
  • Adjourn, adjournment
    Delaying a hearing to a later time or place, whether temporary (for a certain amount of time) or final (forever). (The(...) Read More
  • Adjudicate, adjudication
    When a decision-maker resolves a dispute after considering the law and the evidence and arguments of the parties. (The(...) Read More
  • Adjudicative function
    Power to make a decision using adjudication.  (Administrative tribunals perform an adjudicative function when they(...) Read More
  • Adjudicator
    Official person who resolves disputes between parties. (Members of administrative tribunals are adjudicators.) See(...) Read More
  • Administrative tribunal
    Organization created by the government under an Act.  An administrative tribunal acts like a court to handle(...) Read More
  • Admissible evidence
    Facts and things that a tribunal can consider when making a decision about a case.  (Louis is unhappy about the(...) Read More
  • Affidavit
    A written statement made by a person under oath to a lawyer a commissioner of oaths, or a notary public, to be used as(...) Read More
  • Affirm, affirmation
    1. To promise to tell the truth when testifying as a witness or making an affidavit. (Joe answered and affirmed he(...)
    Read More
  • Agent
    Person who represents another person and can act in their place.  (An agent who is not a lawyer can represent a party(...) Read More
  • Agree, agreement
    1. Promises made by two or more people to each other to do something or to not do something.  (A lease is an agreement(...)
    Read More
  • Allege, allegation
    A written or spoken statement about a fact.  (Sara claims that her roof leaks when it rains so she showed photos of the(...) Read More
  • Alternative dispute resolution
    Different ways other than adjudication used to resolve disputes, including negotiation, conciliation, mediation, and(...) Read More
  • Amend, amendment
    Changing a legal document such as an application, pleading, contract, or a law.  (The parties agreed to an amendment to(...) Read More
  • Appeal
    1. When a court checks a tribunal's decision to make sure it was correct.  (When an appeal is possible, it can be "as(...)
    Read More
  • Appellant
    Party who appeals a decision.  (Emily appealed the tribunal's decision because she disagrees with it.  Emily is the(...) Read More
  • Apply, application
    1.  A party's request made to a tribunal, asking the tribunal to order something.  (Carla made an application, asking a(...) Read More
  • Arbitrate, arbitration
    A way to resolve disputes not using a court.  (In arbitration, a person called an arbitrator considers the law and the(...) Read More
  • Arbitrator
    Neutral and fair person who ends disputes using arbitration.  (The arbitrator had the witness sworn in.) See also  Read More
  • Argument
    Giving reasons to convince someone of something.  (During the hearing, the parties made arguments to persuade the(...) Read More
  • Arrears
    Something that has not been paid, but needs to be paid. (Maria's rent is in arrears because she missed her rent payment(...) Read More
  • Award
    Decision made by a tribunal or an arbitrator to end a dispute between parties.  (The applicant was not happy with the(...) Read More
  • b
  • Bad faith
    Bad faith can mean many things: acting dishonestly, tricking a person, deliberately not doing what should be done,(...) Read More
  • Benefit
    Some payment given to a person by government or an employer.  (Jane's welfare benefit cheque was late and her mother's(...) Read More
  • c
  • Causal connection
    When one thing makes another thing happen.  (There was a causal connection between Marco leaving the tap running and(...) Read More
  • Certified true copy
    Document guaranteed to be an exact copy of an original document.  (Matthew received a certified true copy of a(...) Read More
  • Chairperson, chair
    1. Person in charge of a tribunal.  (The tribunal's chairperson is chosen by the provincial government.) 2. Person on(...) Read More
  • Chronological order
    In order of time, from what happened first to what happened last.  (Antoine is making an affidavit to describe the car(...) Read More
  • Claim, statement of claim
    1. To make a demand to a tribunal and the reasons for the demand.  (Mark claims $2000 from Tina for firing him(...) Read More
  • Claimant
    Party who makes a claim.  (Mark is the claimant in the claim against Tina, who becomes the respondent.) See also  Read More
  • Closed hearing
    A hearing that is closed to the public and open only to the parties, their lawyers, agents, and witnesses, and the(...) Read More
  • Closing argument
    Argument made by a party to a decision-maker at a hearing after the parties have presented their evidence.  In its(...) Read More
  • Code of conduct, code of ethics
    Rules on how to behave honestly, fairly, and respectfully; a tribunal may have a code of ethics for its staff and(...) Read More
  • Collective agreement
    Contract between an employer and a trade union (a group of employees who join together to negotiate their working(...) Read More
  • Commission
    Organization created by the government to control or regulate certain types of public activities; sometimes a tribunal(...) Read More
  • Commissioner
    Decision-maker who works at a commission.  (The commissioner adjourned the hearing.) See also Commission; Decision-maker
  • Compensation
    1. Something given to a person to make up for harm they suffered or for something they lost.  (Serena broke Gabriel's(...) Read More
  • Complainant
    Party who makes a complaint.  (Annie is the complainant in a case against her employer, who is the respondent.) See(...) Read More
  • Complaint
    1. Request made by a party to a tribunal to order something.  (Annie filed a complaint of discrimination against Adam,(...) Read More
  • Conciliation
    A way to resolve disputes using a conciliator.  (An employer and a trade union may use conciliation to reach a(...) Read More
  • Conciliator
    Neutral and fair person who helps parties resolve their dispute through conciliation.  (The conciliator met with each(...) Read More
  • Confidential
    Private or secret information.  (Lisa tells her lawyer Martha about some problems with her landlord that she wants kept(...) Read More
  • Conflict of interest
    When a person has a personal connection to the dispute or the people involved in the dispute and may not be able to(...) Read More
  • Consent
    Give permission or agree.  (Karim consents to try mediation to resolve his dispute with a classmate.) See also  Read More
  • Contest
    To be against something; to dispute something. (Peter has decided to contest a tribunal's decision by appealing(...) Read More
  • Contract
    1. Promises made by two or more people to each other to do something or not do something. (Monica signed an(...)
    Read More
  • Costs
    1. Money spent by a person to have a case heard by a tribunal, including fees paid to the tribunal and some money paid(...) Read More
  • Counsel
    1. Lawyer representing a party before a tribunal. (Counsel for the respondent asked for a short adjournment.) 2. To(...) Read More
  • Court
    Organization that handles disputes between people according to the law.  A decision made by a tribunal may be appealed(...) Read More
  • Cross-examination
    When a witness who is called by one party is asked questions by another party, after the witness has been questioned by(...) Read More
  • d
  • Damages
    Money given to a person to make up for the loss or for the harm done to them.  (Irina broke Robert's computer so she(...) Read More
  • Decide, Decision
    When a person makes up their mind about something; solving a dispute by saying what is to be done. (After the hearing,(...) Read More
  • Decision-maker
    Person responsible for making decisions that end disputes between people; includes members of tribunals, judges at(...) Read More
  • Deduction
    Money that is taken away or held back for something. (The employer made deductions from Sal's pay cheques for union(...) Read More
  • Default
    1. Not doing something that had to be done under the law or a contract. (Naomi missed a few mortgage payments, so she(...) Read More
  • Defence
    See Response
  • Defendant
    See Respondent
  • Diligence
    1. Showing the necessary care and attention. (Doing something with diligence means doing it carefully.) 2. Doing(...) Read More
  • Disclose, disclosure
    Showing or giving information or some thing to another person so they can prepare for the hearing. (Zara must disclose(...) Read More
  • Disclosure of evidence
    When parties show or give copies of their evidence to each other before a hearing. (The tribunal rules require(...) Read More
  • Discontinue
    Giving up something; putting an end to something. (Pascal and Lina settled their dispute so they want to discontinue(...) Read More
  • Discretion
    Freedom given to a decision-maker, by the law, to decide how to manage the processing of a complaint or to resolve a(...) Read More
  • Discriminate, discrimination
    When a person or a group of people is treated differently from other people because of their personal characteristics(...) Read More
  • Dismiss, dismissal
    1. To fire an employee. (The employer dismissed the employee without any explanation.) 2. To refuse to deal with(...) Read More
  • Dispose of the complaint on the merits, disposition of the complaint on the merits
    Handling a case by reaching a decision after considering the issues. (The tribunal disposed of the complaint on the(...) Read More
  • Dispute
    1. To argue against or to question. (Derek disagreed with a complaint made against him, so he disputed it.)
    2. A(...)
    Read More
  • e
  • Elapse
    To let pass by or go by, like the passage of time.  (Over two weeks have elapsed since the hearing.)
  • Electronic hearing
    Hearing held by a telephone conference call or a video conference.  (The parties, their lawyers, agents, and witnesses(...) Read More
  • Enforce a right
    To make sure that a right will be respected.  (The tribunal can provide remedies to enforce a right that is being(...) Read More
  • Evidence
    Information or things presented to a tribunal to prove a fact; these can include such things as a videotape or(...) Read More
  • Ex parte
    When a party makes a request at a hearing when the other party has not been informed about the hearing or does not(...) Read More
  • Examination, direct examination
    When a party calls a witness and asks that witness questions to have the witness describe what she or he knows about(...) Read More
  • Exhibit
    Object or document that is put up as evidence; exhibits are numbered, like Exhibit 1, Exhibit 2, etc. (The tribunal(...) Read More
  • Expert evidence
    Opinion or information given by an expert witness about something proven to have happened in a case, based on the(...) Read More
  • Expert witness
    Someone with special knowledge, training, skill, or experience who can help a decision-maker understand the evidence in(...) Read More
  • Expropriate, expropriation
    When a government takes a person's property away from them for a public purpose, such as building a road or an airport,(...) Read More
  • f
  • Fact
    1. A truth that a person knows from his or her own experience of it.
    2. Something that can be proved through evidence(...)
    Read More
  • Fees
    1. Money paid for services. (The fees were paid to the lawyer for the work she did at the hearing.)
    2. Money paid to(...)
    Read More
  • File
    1. Something like box, envelope, or folder holding information and documents for each case brought to the(...)
    Read More
  • g
  • Good faith
    Acting honestly and fairly; doing something with sincere intentions; having an honest reason for doing something.  (The(...) Read More
  • Grievance
    1. When a person thinks that something is illegal or unfair or is denied a right.  (The claim was filed because of(...)
    Read More
  • Grounds
    Reasons for doing something; reasons behind something.  (Ellen asks for adjournment of the hearing on the grounds that(...) Read More
  • h
  • Hearing
    When the parties and decision-maker meet formally to hear or read the parties' evidence and arguments; there are oral(...) Read More
  • Hearsay
    When a witness gives information about something that she did not see herself and she only knows that thing because(...) Read More
  • i
  • Impartial
    Being fair and neutral and not biased or prejudiced; tribunals must have no opinion before they hear the evidence and(...) Read More
  • Incident
    An event; something that happens.  (Carlos was injured at work in an incident involving three others.)
  • Independent
    Someone who is not under the control of another person and is free to make decisions on his or her own.  (Tribunal(...) Read More
  • Infringement of rights
    When someone's rights have been violated; something that interferes with a person's rights.  (The new regulations are(...) Read More
  • Interim order
    1. Order made by a decision-maker before the time of the final decision.  (A commissioner gave an interim order(...) Read More
  • Investigate, investigation
    Carefully trying to find out the truth about something.  (The employer had carried out an investigation to learn more(...) Read More
  • Issue in dispute
    Things the parties disagree about, either about the facts of what happened or about what the law says about the(...) Read More
  • j
  • Judicial review
    When a court checks over a decision made by a tribunal to make sure the tribunal did not go beyond what it is allowed(...) Read More
  • Jurisdiction
    Power of a tribunal to deal with a dispute based on the type of dispute and the geographical area where the dispute(...) Read More
  • l
  • Law
    The rules made by the government or courts that govern society and give rights and obligations to people.  (The(...) Read More
  • Lawyer
    Person who is trained and authorized to give legal advice to people.  (Lawyers explain the law and advise people more(...) Read More
  • Leading question
    Type of question asked to a witness by a party that suggests or contains the answer that the party wants the witness to(...) Read More
  • Leave of appeal
    Permission to appeal a tribunal's decision.  (Fiona must get leave to appeal from a court before she can appeal a(...) Read More
  • Legal
    1. Related to the law or created by the law. (The agent explained the purchaser's legal obligation.) 2. Permitted by(...) Read More
  • Legislation
    Type of law made by the government; statutes and regulations.  (The Divorce Act is legislation that deals with(...) Read More
  • Liability
    When someone has an obligation to do something or to not do something under the law.  (People who sign a contract are(...) Read More
  • Liable
    When the law says that someone is responsible to another person for a loss or injury to that person, because of(...) Read More
  • m
  • Mandate of an organization
    Activities that an organization must carry out; a tribunal can do only the things that the law requires it to do.  (The(...) Read More
  • Mandatory
    When something is required to be done.  (It is a mandatory requirement to serve documents by registered mail.)
  • Mediation
    One way to settle disputes; a person called a mediator helps the parties work out a solution to their dispute.  A(...) Read More
  • Mediator
    Neutral and fair person who helps people talk through and solve a problem without taking sides.  (The mediator first(...) Read More
  • Member
    Person who holds hearings and makes decisions at an administrative  tribunal. (Your file has been assigned to a member(...) Read More
  • Merits
    Real issues in the application, complaint, claim, or appeal.  (This decision was made on the merits and not for any(...) Read More
  • Mitigate
    Reducing or limiting harm or a loss.  (Mike is suing his employer for firing him illegally but he should look for a new(...) Read More
  • Monetary award
    Decision of a tribunal giving money to a party.  (Mike expects to receive a monetary award, but he cannot wait for(...) Read More
  • Monetary remedy
    Decision that a tribunal can make that gives money to a party.  (Alicia got $6000 in damages as a monetary remedy, plus(...) Read More
  • Motion
    Request made by a party to a tribunal, asking the tribunal to order something.  A motion can be written or spoken at a(...) Read More
  • Moving party
    Party who makes a motion, meaning they request something from the tribunal.  (It was Kasper's motion for disclosure of(...) Read More
  • n
  • Negotiate, negotiation
    When people talk and compromise to settle a dispute or solve a problem.  (Hugo and his landlord Veronica don't agree(...) Read More
  • Neutral
    Not biased or prejudiced.  (Decision-makers at tribunals must be neutral.) See also Arbitrator; Code of conduct; Code(...) Read More
  • Non-monetary remedy
    A decision by a tribunal that gives the winning party something other than money.  (Lia wants only a non-monetary(...) Read More
  • Notice
    1. When someone gets told about something by someone else who writes or speaks to them about it.  (Milan sent his(...)
    Read More
  • Notice of motion
    Document informing a party about a request that will be made to the tribunal.  (The notice of motion that Dom received(...) Read More
  • Notify, notification
    Informing a person about something.  (The tribunal asked for proof that Jake received notification of the(...) Read More
  • o
  • Oath
    How a person promises or swears to tell the truth when giving testimony or making an affidavit.  (Adele took an oath(...) Read More
  • Objection
    When a party opposes certain evidence presented by the other party or the way in which the other party is proceeding(...) Read More
  • Obligation
    A duty created by the law or something that has to be done.  (The employer has an obligation to do what the tribunal(...) Read More
  • Omit, omission
    Not doing something that a person is required to do by law; a person may be held liable for their omission.  (Drivers(...) Read More
  • Open question
    Style of question asked to a witness, one that does not suggest or contain the answer that the party wants the witness(...) Read More
  • Opening statement
    What a party says at the beginning of a hearing, before giving their evidence, to explain the issues in dispute and the(...) Read More
  • Oral decision
    A decision that is spoken aloud by a decision-maker at the end of a hearing, instead of being written out later.  (The(...) Read More
  • Oral evidence
    Answers given by a witness in testimony at a hearing.  (The complainant's mother is in hospital and not able to give(...) Read More
  • Oral hearing
    When the parties, their lawyers, and witnesses go to the tribunal in person to present their case in a formal(...) Read More
  • Order
    How a tribunal declares that something must be done.  An order can be final or interim.  (The tribunal ordered an(...) Read More
  • p
  • Pain and suffering
    A type of damages that is money given to a party for experiencing emotional problems (pain, fear, etc.) after being(...) Read More
  • Party, parties
    1. Person or organization, company, or government agency in a dispute that a tribunal will handle, including the(...)
    Read More
  • Perjure, perjury
    A lie told by a person under oath (written in an affidavit or spoken while giving testimony).  (While testifying,(...) Read More
  • Pre-hearing conference
    A meeting of the parties and the tribunal or mediator before the formal, main hearing of the case to decide on the(...) Read More
  • Prejudice
    1. Injury or harm
    2. Not being able to act on a right
    3. Bias: agreeing with one side over another without good(...)
    Read More
  • Preliminary motion
    Request made to a tribunal before the hearing starts, on preliminary issues or preliminary matters.  Preliminary(...) Read More
  • Procedure
    Steps to take and documents to use for a case at a tribunal.  (The rules of procedure tell how to send notices to other(...) Read More
  • Proceeding
    1. The case being taken through the steps at a tribunal.
    2. The activity in a case at a tribunal.  (There has been a(...)
    Read More
  • Proof of service
    An affidavit or receipt that confirms that another document was served to a witness or a party and tells when and how(...) Read More
  • Provision
    A part of a law, or a regulation, or a contract, a will, or other legal document.  A provision can also be called a(...) Read More
  • Public hearing
    Hearing that the public can attend or find out about.  The public means people other than the parties, their lawyers,(...) Read More
  • q
  • Quasi-judicial
    Almost like a judge or court of justice.  (Tribunals are called quasi-judicial because they act like courts when they(...) Read More
  • r
  • Re-examination
    Questioning a witness again, after cross-examination of that witness, about new things talked about during(...) Read More
  • Reconsideration
    When a tribunal reviews its own decision, so that it can check if the decision is correct.  (Reconsideration is(...) Read More
  • Redress mechanism
    A way to help a person who suffered harm.  (The tribunal considered what redress mechanism was available to it.) See(...) Read More
  • Regulate
    Making rules and enforcing them to control some activity.  (The Milk Board regulates the sale of milk products.) See(...) Read More
  • Regulation
    Rules made to provide detail to statute law; each Act has its own regulations.  (A regulation can also be called an(...) Read More
  • Relevant evidence
    Fact or thing linked to an issue or dispute, relevant because it helps prove that something happened or didn't happen,(...) Read More
  • Remedy
    To correct a situation or make it good again; a way to put right or help out a person who has been injured or harmed,(...) Read More
  • Render a decision
    To make a decision and publish it to the parties or the public.  (The tribunal promised to render a decision before the(...) Read More
  • Represent
    1. To speak or act in the place of another person. (Farah, an advocate, represents Joseph at the hearing.)
    2. To claim(...)
    Read More
  • Representative
    Person who acts for another person.  (Margaret's lawyer Alex is her representative and all correspondence goes to(...) Read More
  • Request
    To ask for something.  (Guy requested the tribunal adjourn the hearing.) See also Application; Motion
  • Respondent
    Person against whom an appeal, an application, a complaint, or a claim is made, and who must respond or answer to the(...) Read More
  • Responding party
    Person who did not bring the case but is affected by it.  (Zoe asked the tribunal to make Laila disclose her evidence. (...) Read More
  • Response
    1. Part of the hearing when a respondent presents evidence and arguments against the other side.  (After hearing the(...)
    Read More
  • Restitution
    1. When a person returns something that they should not have had in the first place.  (Jared wrongly reported his work(...)
    Read More
  • Review
    To check over something to make sure it is correct, or to reconsider it, such as when a tribunal may check its own(...) Read More
  • Right
    A liberty or privilege that the law says a person can do or have.  (You may have the right to be represented by a(...) Read More
  • Rules of evidence
    A set of rules that a tribunal uses to figure out if some fact or thing can be accepted for its consideration: Is it(...) Read More
  • Rules of Procedure, Rules of Practice and Procedure
    Rules containing the steps to take and documents to use for a case at a tribunal.  (The Rules of Procedure indicate the(...) Read More
  • s
  • Serve
    To deliver, mail, or hand over documents to someone according to the rules of procedure that apply to the(...) Read More
  • Server
    To divide something or break it up into parts.  (Janet's application to the tribunal deals with two different,(...) Read More
  • Settle, settlement
    Agreement ending a dispute; it is usually written down and signed by the parties. (With help of a mediator, Edith and(...) Read More
  • Speculate, Speculative
    When something is not practical or it is just a guess because information is missing. (The applicant's actual costs(...) Read More
  • Statute
    A law made by the government, often called an Act. (The Divorce Act is a statute.) See also Act; Legislation; Law; Read More
  • Stay
    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(...) Read More
  • Submission
    Argument made or position taken by a party during a hearing; it can be written. (My lawyer made a submission on how(...) Read More
  • Submit
    1. To hand in or give something. (Aaron hurried to submit his response to the tribunal.)
    2. When a party tells a(...)
    Read More
  • Substantial prejudice
    Serious harm or injury or interference with a right. (The tribunal allowed Brian to file his complaint late because(...) Read More
  • Substantiate
    To show evidence to prove something.  (Mira showed the dates in her lease agreement to substantiate that her lease was(...) Read More
  • Summons
    1. A summons is a written order that tells a person to show up at a tribunal; it can tell a person to bring documents(...)
    Read More
  • t
  • Testify
    To take an oath and give oral evidence in a hearing. (Josie asked Tia to testify at the hearing.) See also Expert(...) Read More
  • Testimony
    Answers given by a witness at a hearing. (Tia's testimony lasted about an hour.) See also Cross-examination; Read More
  • Time limit
    Amount of time a person has to do something; also, a deadline. (Corinna has a time limit of 60 days to appeal a(...) Read More
  • v
  • Void
    1. When something is not legally valid, meaning it has no effect under the law. (Ian and Sandra signed a contract(...)
    Read More
  • Voluntary
    Choosing to do something; not being forced to do something. (Joanne's decision to take back her accusation against her(...) Read More
  • w
  • Witness
    Person who knows something about a case and is called to a hearing to answer questions under oath. (As a witness at(...) Read More
  • Written decision
    The tribunal members' written explanation of their ruling, including any orders and remedies in it. (It is our(...) Read More
  • Written hearing
    Type of hearing in which the decision-maker examines written evidence and arguments of the parties to make a decision(...) Read More

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Residential Tenancy Office

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134 Kent Street
P.O. Box 577
Charlottetown, PE C1A 7L1

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