Glossary

In Debt and Consumer Rights

Balance, when talking about money, can be:

• the amount of money you have in a bank account, or
• the amount of money you owe to a creditor

For example, the balance on your credit card is the total amount of money you owe.

In Criminal Law

Balance of probabilities describes the way a judge makes decisions about some legal issues. Proving something on a balance of probabilities means that it is more likely than not to have happened.

It’s easier to show proof on a balance of probabilities than to show proof beyond a reasonable doubt, which is what has to happen for you to be convicted of a criminal offence.

In Family Law

Balance of probabilities is the standard or legal test of proof usually required in a family law case. The judge has to decide who is more believable – you or your partner.

In Housing Law

Balance of probabilities is the standard of proof usually required in hearings at the Landlord and Tenant Board and other non-criminal courts and tribunals. The tribunal has to decide whose evidence is more believable – yours or your landlord’s.

In Debt and Consumer Rights

Bankruptcy is a legal process. When you begin the bankruptcy process, it’s called filing for bankruptcy. When you file for bankruptcy someone called a Licensed Insolvency Trustee decides what you have to pay your creditors.

When you file for bankruptcy, you can keep some of your assets, such as furniture, pension funds, and registered retirement savings plans (RRSPs) that you’ve had for over 12 months.

But you may not be able to keep other assets, such as your home and RRSP contributions that you made within the 12 months before you filed for bankruptcy.

In Employment and Work

A bargaining unit is a group of employees that is represented by a union.

In Criminal Law

This is a type of arrest warrant that can be issued by a judge when you miss a scheduled court date, hearing, or trial. A bench warrant gives the police power to arrest the named person and hold them in custody until they can be brought to court.

In Wills and Powers of Attorney

Beneficiaries are the people or organizations that you leave something to in your will.

The people who get your property if you die without a will are also called beneficiaries.

In Employment and Work

The benefit period is the period of time in which you must collect all the EI benefits you qualify for. The benefit period is usually 52 weeks long, starting on the Sunday before your interruption of earnings. If you apply for EI late, your benefit period might start on the Sunday before you filed your EI application.

In Child abuse and neglect, Domestic violence, Family Law

The “best interests of the child” is a legal test used to decide many things about children. The test is different for different family law issues.

For example, when making decisions about decision-making responsibility and parenting time, which used to be called custody and access, some of the things the test considers are:

• the child’s physical, emotional, and psychological safety, security, and well-being
• the relationship between each parent and the child
• the child’s views and wishes, unless there’s no way to find out what they are
• if there’s been abuse against any family member or any child

In child protection cases involving the Children’s Aid Society, some of the things the test considers are:

• the child’s views and wishes, unless there’s no way to find out what they are
• the importance of keeping the child’s identity and connection to their community and culture if they are First Nations, Inuk, or Métis, even if they’re not an official member of the community
• race, place of origin, colour, ethnic origin, citizenship, family diversity, sex, and sexual orientation