glossary

Glossary

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This is a document telling you what you have been charged with and the details of your first appearance in court. These are usually given in less serious matters.

In more serious cases, the police might require an undertaking with conditions you must follow or they might hold you in custody until you have a bail hearing.

Title: applicant
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The applicant is the party who starts the court case. An applicant can be one person or a group of two or more people, a corporation, or an agency like the Family Responsibility Office, etc.

The person that they are making a claim against is called the respondent.

Title: application
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A way to start a case at a court or tribunal, or to ask a court or tribunal to make a decision about a dispute. For example, if a landlord wants a tenant to move out and the tenant does not move, the landlord can make an application to the Landlord and Tenant Board. Or if a tenant can't get their landlord to do needed repairs, the tenant can make an application to the Board. Application can also refer to the actual form or document used to start a case.

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Approved medical practitioners that can sign an EI medical certificate include:

  • a Canadian or American licensed medical doctor
  • a psychologist, as long as the illness being treated is within their field
  • a chiropractor, as long as the illness being treated is within their field
  • an optometrist, as long as the illness being treated is within their field
  • a nurse practitioner, or a midwife, as long as the illness being treated is within their field, or
  • a registered nurse, only in isolated areas, when a doctor is not available.

It is usually not acceptable to have your medical certificate completed and signed by a massage therapist, osteopath, naturopath, physiotherapist, podiatrist, acupuncturist, Christian Science Adherence Practitioner, or a doctor not licensed in Canada or America.

Title: arbitration
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Arbitration is an alternative dispute resolution process where partners meet with a neutral person, called an arbitrator, to solve their issues without going to court. An arbitrator is usually a lawyer. A non-lawyer can also be an arbitrator if they have special family law training. If you and your partner cannot reach an agreement, the arbitrator makes a decision to solve your issues. Their decision is called a family arbitration award.

Title: arrest
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An arrest happens when the police take you into custody so they can charge you with a criminal offence. Being in custody means that you’re not free to go.

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An arrest warrant is an order from a court that gives the police the power to arrest someone.

Title: arrested
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You are arrested when the police take you into custody so they can charge you with a criminal offence. Being in custody means that you’re not free to go.

Title: assault
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This is a criminal offence. An assault happens when you apply, or try to apply force to another person without their consent. This includes touching but not casual contact between people.

Assault that causes physical harm can result in more serious charges like "assault cause bodily harm," "aggravated assault," or even "attempt murder." Assaults for a sexual purpose are "sexual assaults."

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This is a criminal offence. If you assault a police officer while trying to stop a  lawful arrest you, you can be charged with the criminal offence of “assault with intent to resist arrest”. You can be charged with this criminal offence if:

  • You assault the police officer.
  • You try to assault the police officer.
  • The police officer believes you’re trying to assault them.

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