glossary

Glossary

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If someone claims you did not comply with a court order, the court can schedule an estreatment hearing. For example, this can happen if someone claims you did not follow a recognizance of bail. At the estreatment hearing, you or your surety will be ordered to pay the amount promised to the court when the recognizance of bail was signed.

You and your surety will be given at least 10 days' notice of when and where the hearing will be held.

Title: evict
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Tell or force a tenant to move out. A Notice of Termination from a landlord is often called an eviction notice, even though it does not force the tenant to move out. A Landlord and Tenant Board order forcing a tenant to move out is often called an eviction order.

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To evict is to tell or force a tenant to move out. A Notice of Termination from a landlord is often called an eviction notice, even though it does not force the tenant to move out. A Landlord and Tenant Board order forcing a tenant to move out is often called an eviction order.

Title: evidence
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Evidence is used to prove that something is true or false. In court, evidence comes in different forms, such as documents, photographs, or information from witnesses. A judge, justice of the peace, or jury uses evidence to make a decision.

Evidence is also what the police gather when they investigate a crime. This includes statements people make and property the police find when they’re doing a search.

Title: evidence
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Evidence is used to prove a fact or to persuade someone who's making a decision, like an immigration officer or a member of the Immigration and Refugee Board. There are different types of evidence, for example:

  • information witnesses give at a hearing
  • documents, such as letters or reports
  • photographs

If you make a refugee claim or an application to Immigration, Refugees and Citizenship Canada, you need to provide evidence to show why your claim or application should succeed.

Police and immigration authorities gather evidence when they think someone may have done something wrong or committed a crime. This type of evidence includes property they find when they're doing a search and statements that people make.

Title: ex parte
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Ex parte is a Latin phrase that refers to a legal step done with only one side participating.

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An ex parte motion, sometimes called an emergency motion, is when you bring an urgent motion without notice to your partner. This means you don't have to serve your documents on your partner before the judge hears the motion and makes a decision. The reason for not requiring service may be because of immediate safety issues or because the delay would likely lead to something serious happening. You can only bring this type of motion in limited situations. For example, if you feel there is an immediate risk that your partner will seriously harm you or your children, or leave the province or country with your children and not bring them back.

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An exclusion order is a type of removal order. If you get an exclusion order, you can't return to Canada for one year. But you can't return for 5 years if the reason for the exclusion order was "misrepresentation". This means that you said something that was not true or accurate, or you left out information you were required to give.

If you want to return sooner, you need permission in writing from Immigration, Refugees and Citizenship Canada. This is called an Authorization to Return to Canada.

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Exclusive possession is a court order that says only one partner can stay in, or return to, the home and the other partner isn't allowed on the property. If there are children, usually the order also includes that the children are allowed on the property. The order is usually temporary. The court doesn't decide who owns the home or who rented it when deciding which partner can stay in it.

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