Glossary
In Criminal Law, Debt and Consumer Rights
Small Claims Court is a court that deals with claims for $50,000 or less. You can sue or be sued by a person or a business in Small Claims Court. You do not need a lawyer to go to Small Claims Court, but it is a good idea to get legal help.
In Criminal Law
It is an indictable offence to cause damage to property by starting a fire or explosion with the intention of defrauding any person.
In Criminal Law
Anyone serving a prison sentence must be released after serving two-thirds of their sentence. This is known as a statutory release. There is no statutory release for someone serving a life sentence.
In Criminal Law
Charges are “stayed” when a judge or a Crown decides that it would be bad for the justice system for the case to continue. This means the issue of guilt or innocence is never determined.
Stays can be granted when the state has acted unfairly, including a failure to bring the case to trial in a timely manner. A judicial stay brings the case to an end.
A different type of “stay” is done by the Crown. A Crown stay puts the case on hold. The Crown can bring the charges back before the court within 1 year of the date the charges were stayed. After a year has passed, the Crown cannot bring the stayed charges back before the court.
In Criminal Law
A subpoena is a court order that says a person must go to court. It’s also called a summons.
You may get a subpoena if you’re a witness in a court case. The subpoena tells you:
- where and when to go to court,
- who you are a witness for, and
- if you need to bring any documents or evidence to court.
If you do not do what it says in the subpoena, you could be arrested.
In Criminal Law
When you sue a person or an organization, you ask a civil court to award you money. This money is intended to compensate you for something that the person or organization did that was wrong.
In Criminal Law
Most criminal offences are “hybrid” offences. This means the Crown uses the specific facts of each case to decide if to prosecute the case as a summary offence or as an indictable offence:
- Summary offences are considered less serious. They go to the Ontario Court of Justice where the court process is simpler and faster. There is never a jury. A judge decides the case on their own. The maximum sentence is 2 years in jail, or a $5,000 fine, or both.
- Indictable offences are considered more serious. They go to the Superior Court of Justice where the court process is more complicated and takes longer. Some cases are decided by a jury and some by a judge. The maximum sentence is often longer than 2 years in jail.
The youth court process and youth sentences are different.
Most criminal offences are “hybrid” offences. This means the Crown uses the specific facts of each case to decide if to prosecute the case as a summary offence or as an indictable offence:
- Summary offences are considered less serious. They go to the Ontario Court of Justice where the court process is simpler and faster. There is never a jury. A judge decides the case on their own. The maximum sentence is 2 years in jail, or a $5,000 fine, or both.
- Indictable offences are considered more serious. They go to the Superior Court of Justice where the court process is more complicated and takes longer. Some cases are decided by a jury and some by a judge. The maximum sentence is often longer than 2 years in jail.
The youth court process and youth sentences are different.
In Criminal Law
A document that requires a person charged with an offence to appear in court at a certain time and place. If you do not appear in court on the date and time given in your summons, you can be charged with the criminal offence failure to appear.
In Criminal Law
The Superior Court of Justice deals with civil cases and serious criminal cases. Cases that are tried before a judge and jury are heard in the Superior Court of Justice. Judges in the Superior Court of Justice also deal with appeals from decisions made by the Ontario Court of Justice on criminal cases. All civil cases are heard in the Superior Court of Justice, except family law cases within the jurisdiction of the Ontario Court of Justice.