Ontario Barrister flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Limitations Act, 2002

Ontario statute setting a basic two-year limitation period from discovery of a claim and an ultimate fifteen-year limitation period from the act or omission giving rise to the claim.

Rule 14.08 service deadline

Under Ontario Rules of Civil Procedure, a statement of claim must be served on each defendant within six months after it is issued, unless the court orders otherwise.

Statement of Defence time limits

Under Rule 18.01, a defence is due twenty days after service within Ontario, forty days elsewhere in Canada, and sixty days outside Canada.

Rule 20 summary judgment

Procedure allowing a party to obtain judgment without trial where there is no genuine issue requiring trial; the court may weigh evidence and make findings.

Rule 49 offer to settle

Written offer to settle that, if not accepted and the offeror obtains a judgment as favourable or better, may attract elevated costs against the offeree.

Rule 31 affidavit of documents

Documentary discovery tool requiring each party to swear a list of all documents in its possession, control, or power, including those for which privilege is claimed.

Rule 48.14 dismissal for delay

Registrar's power to dismiss an action for delay where no step has been taken for five years, or three years after the action is set down for trial.

Bail ladder principle

Under Criminal Code section 515, release is preferred at the earliest opportunity on the least onerous form: undertaking, recognizance, then detention only if necessary.

Reverse onus in bail

Under section 515(6), certain serious or breach offences place the burden on the accused to show why detention is not justified, departing from the usual Crown onus.

Stinchcombe disclosure duty

Crown obligation to disclose all relevant, non-privileged material in its possession to the accused, subject to limited exceptions such as informer privilege.

Section 24(2) exclusion

Charter remedy allowing exclusion of evidence obtained in breach of rights where, considering the seriousness of the breach and its impact, admitting it would bring the administration of justice into disrepute.

Jordan presumptive ceilings

Under section 11(b), trials should conclude within eighteen months in provincial court or thirty months in superior court, subject to transitional and exceptional circumstance adjustments.

Summary conviction limitation

Under Criminal Code section 786, an information for a summary conviction offence must be laid within six months after the time the offence is alleged to have been committed.

Preliminary inquiry

Criminal Code hearing for indictable offences in which a justice determines whether there is sufficient evidence to commit the accused to stand trial.

Equalization of net family property

Under the Family Law Act, on separation each spouse is entitled to half the difference between their net family property values, subject to exclusions and the matrimonial home rule.

Matrimonial home special status

The Family Law Act gives the matrimonial home special treatment: it cannot be conveyed without spousal consent and both spouses may have equal possession rights.

Child support table amount

Under the Federal Child Support Guidelines, the basic support amount is determined by the payor's gross income, the number of children, and the applicable provincial table.

Section 7 special expenses

Child support add-ons under the Federal Guidelines for extraordinary expenses such as childcare, health costs, and post-secondary education, shared in proportion to income.

Divorce grounds

Under the Divorce Act, breakdown of marriage is established by one year of separation, adultery, or cruelty; the one-year separation ground is most commonly relied upon.

Best interests of the child

Under the Divorce Act, the court considers factors such as the child's needs, views, and relationships, and the child's physical, emotional, and psychological safety and well-being.

Land Titles Act registration

Ontario's Torrens-style system in which title is confirmed by registration in the land registry; the register is generally conclusive evidence of title.

Planning Act section 50

Provincial subdivision control provision requiring consent for conveyances creating new parcels; non-compliant agreements may be unenforceable.

Power of sale remedies

Under the Mortgages Act, a mortgagee may sell the property after default following notice, a redemption period, and a sale conducted in good faith.

Condominium status certificate

A Condominium Act disclosure document providing information about common expenses, reserve fund, litigation, and by-laws, typically a condition of purchase.

Shareholder oppression remedy

Under the Business Corporations Act, a court may remedy conduct that is oppressive, unfairly prejudicial, or unfairly disregards the interests of a shareholder or creditor.

Business judgment rule

A deferential standard under which courts will not second-guess directors' business decisions made honestly, prudently, and in the corporation's best interests.

PPSA perfection

Under the Personal Property Security Act, a security interest is perfected by registration, possession, or other statutory method, establishing priority against other creditors.

Will formalities

Under the Succession Law Reform Act, a valid will must be in writing, signed by the testator, and signed by two witnesses present at the same time.

Holograph will

A will entirely in the testator's own handwriting and signed by the testator; no witnesses are required under the Succession Law Reform Act.

Dependant support claim

Under Part V of the Succession Law Reform Act, a dependant may apply to court for support from an estate where the will or intestacy fails to provide adequately.

Vavilov reasonableness standard

The presumptive standard of judicial review: a decision must be internally coherent, justified, transparent, and responsive to the parties' submissions and the record.

Procedural fairness content

The content of the duty of fairness varies with the decision's nature and impact, typically including notice, disclosure, an opportunity to respond, and sometimes reasons.