ON Solicitor Exam key terms

The statutory deadline within which a claim must be commenced, after which the right to sue is generally lost unless a discoverability or disability exception applies.

The rule that a limitation clock starts only when the plaintiff knew or ought reasonably to have known the claim existed, that it was caused by the defendant, and that a proceeding was appropriate.

The pleading that initiates a civil action, setting out the material facts, the causes of action relied on, and the relief sought from the defendant.

The defendant's responding pleading, admitting or denying the plaintiff's allegations and raising any affirmative defences rather than merely denying liability.

A claim brought by a defendant against the plaintiff within the same proceeding, allowing related disputes to be resolved together rather than in a separate action.

A claim by one party against another party on the same side of a proceeding, typically a co-defendant seeking contribution or indemnity from a fellow defendant.

A pre-trial oral examination of an opposing party under oath, used to obtain admissions and narrow issues, with answers usable at trial in limited circumstances.

A sworn list disclosing all relevant documents in a party's possession, control, or power, including those claimed as privileged, supported by a certificate of disclosure.

The client's right to keep confidential communications with a lawyer for legal advice secret, surviving litigation and disclosure obligations, and waivable only by the client.

A narrower, temporary protection covering documents created or communications made for the dominant purpose of existing or reasonably contemplated litigation, ending when the litigation concludes.

A motion to decide all or part of a claim without trial where there is no genuine issue requiring a trial, based on the record and limited judicial fact-finding.

A formal written offer to resolve a proceeding that, if not accepted and the outcome is as favourable or better, can trigger costs consequences against the party who refused it.

A court order requiring one party to pay another's legal expenses, usually on a partial indemnity scale, guided by success, offers to settle, and conduct.

An order requiring a plaintiff to post money or other security to cover a defendant's costs if the plaintiff loses, often sought against impecunious or foreign-resident plaintiffs.

A court-annexed requirement in certain actions that parties attempt mediation before proceeding, with limited exemptions, aimed at early settlement.

The contract governing a real estate transaction, setting out parties, property, price, closing date, conditions, and representations that bind the parties on signing.

Contractual requirements, such as financing or home inspection, that must be satisfied or waived before the agreement becomes binding, often within a stated period.

The date on which the purchase price is paid, the transfer is registered, and possession is delivered, completing the real estate transaction.

A review of the land registry and related records to confirm the seller's ownership, identify encumbrances, executions, or easements, and verify the state of title before closing.

Any registered claim, charge, lien, easement, or restriction that burdens title and may affect use or value, to be addressed before or at closing.

A registered right to use another's land for a specific purpose, such as access or utilities, that runs with the land and binds subsequent owners.

A provincial or municipal tax payable on the transfer of real property, often calculated on a graduated scale and collected at registration of the transfer.

A refund of part of the harmonized sales tax paid on a newly built or substantially renovated home, claimed by eligible purchasers subject to conditions.

A legal obligation to act in another's best interests with loyalty, good faith, and avoidance of conflicts, owed by directors, officers, trustees, and agents.

The standard requiring directors and officers to exercise the care, diligence, and skill of a reasonably prudent person in comparable circumstances.

A deferential standard under which courts will not second-guess informed, good-faith business decisions made by directors acting honestly and within their powers.

A statutory remedy allowing a court to intervene where corporate affairs are conducted in a manner oppressive or unfairly prejudicial to a shareholder or creditor.

A written agreement signed by all shareholders that may transfer powers from directors to shareholders and otherwise govern the corporation's management.

A registered interest in personal property securing repayment of a debt, perfected by registration or possession to gain priority over other creditors.

A security interest taken by a lender or seller who advances funds enabling the debtor to acquire the collateral, generally granted super-priority over earlier-registered interests.

The mental ability to make a valid will, requiring the testator to understand the nature of the act, the extent of assets, and the claims of dependants.

Coercion that overbears a testator's free will so the will reflects another's wishes, distinct from mere persuasion and often presumed in suspicious circumstances.

A will wholly in the testator's own handwriting and signed by the testator, valid without witnesses where provincial law permits.

The result when a person dies without a valid will, causing assets to be distributed under statutory rules rather than according to the deceased's wishes.

An equitable trust implied when property is transferred without consideration or intent to gift, so the transferor retains beneficial ownership.

An equitable remedy imposed by a court to prevent unjust enrichment, treating the defendant as holding property for the plaintiff's benefit.

The value of a spouse's property at separation minus debts and the value of property brought into the marriage, used to calculate equalization.

The amount one spouse pays the other so each shares equally in the growth of net family property during the marriage.

The dwelling ordinarily occupied by spouses as their family residence, subject to special rules preventing its disposition without the other spouse's consent.

The paramount legal standard guiding parenting and decision-making orders, weighing factors such as the child's needs, views, and each parent's ability to care.

A detailed written arrangement setting out decision-making responsibility, parenting time, and communication, often incorporated into a separation agreement or order.

The immediate freeze on most creditor actions, enforcement, and litigation against a debtor once a bankruptcy or proposal is filed.

The court or trustee order releasing a bankrupt from pre-bankruptcy debts, which may be absolute, conditional, or suspended.

A formal offer by an insolvent debtor to creditors to settle debts on modified terms, binding if accepted by the required majority and court-approved.

A creditor entitled by statute to priority over ordinary unsecured creditors, such as employees for certain wage arrears.

A creditor holding a charge or security interest in the debtor's property, entitled to realize on the collateral in priority to unsecured creditors.

The appointment of a receiver to take control of a debtor's assets, often to realize on secured property or preserve value during insolvency.

A finding that the employer's unilateral, fundamental breach, such as demotion or poisoned work environment, forced the employee to resign and amounts to dismissal.

A claim that an employee was terminated without reasonable notice or pay in lieu, entitling the employee to damages for the notice period.

Serious misconduct or persistent failure that fundamentally breaches the employment relationship, allowing termination without notice or severance.

The notice period, or pay in lieu, required at common law for termination without cause, assessed by factors such as age, tenure, and position.

The obligation to adjust workplace rules or requirements to the point of undue hardship for employees protected by human rights grounds.

The administrative law requirement that a decision-maker give affected persons notice of the case and a meaningful opportunity to respond before an adverse decision.

Fundamental fair hearing principles, including an unbiased decision-maker and the right to know and answer the case, applied to administrative tribunals.

The degree of deference a court applies when reviewing an administrative decision, either correctness or reasonableness depending on the governing framework.

The legal authority of a decision-maker to act, so that a decision made beyond statutory or constitutional power is ultra vires and invalid.

A procedural fairness doctrine giving a person affected by a decision a right to be consulted where clear representations created a reasonable expectation of that process.