Terminology

_NOGLOSSARY_

A

ab initio

A Latin phrase meaning "from the beginning." A marriage which is unlawful is void ab initio, as if it never happened.

abduction

The taking of a person by force or fraud. In family law, the taking of a child contrary to a court order or without the other parent's permission. In certain circumstances, this may also be a criminal offence.

abrogate

To revoke or annul. One "abrogates" a contract, like a family agreement, by doing something expressly contrary to the agreement. One party's act of abrogation may not void the agreement, but will give the other party a cause of action.

access

A parent's time with their children following the breakdown of the parent's relationship. Access usually refers to the visits of a child with the parent who doesn't have the child's primary residence.

account

In law, a lawyer's bill to his or her client. Also, a statement of one person's view of events.

Act

A law passed by a government, also called "legislation" or a "statute." Also, the intentional doing of a thing.

action

A law suit. or a legal proceeding in which one party sues another for a remedy or specific relief. In family law, an action for divorce is a court proceeding in which the claimant sues the respondent for the relief of an order for the parties' divorce.

address for service

The address at which a party must accept delivery of legal documents. An address for service must be a proper street address within British Columbia; additional addreses for service may include postal addresses, fax numbers and email addresses.

adoption

In family law, the act or process of one person taking another person's natural child as his or her own. The child then becomes the adopting parent's legal child as if the child were the adopting parent's natural child, and the child's biological parent loses all rights and obligations with respect to the child.

Adoption Act

A provincial law dealing with entitlement to adopt and the adoption process.

adoptive parent

A person who has formally assumed the status of parent to a child who is not his or her biological offspring.

adultery

The act of a married person voluntarily engaging in sexual intercourse with a person other than his or her spouse; cheating; playing around; fishing out of season. Proof of adultery is grounds for an immediate divorce, providing that the other spouse has not consented to or forgiven the adulterous act.

advance

In family law, this usually refers to one party obtaining a share of his or her portion of the family assets before those assets have been divided, whether following trial or a final settlement of the matter.

advocate

A lawyer; sometimes a person other than a lawyer who presents and argues a case in court on behalf of a party to the proceeding. Also, to argue a debated position.

affidavit

A legal document in which a person provides evidence of certain facts and events in writing, as if the evidence was given orally under oath. Affidavits must be notarized by a lawyer or notary public who takes the oath or affirmation of the person making the affidavit about the truth of its contents. Affidavits are used as evidence, just as if the deponent, the person making the affidavit, had made the statements orally before a judge at trial.

affirm

To promise that a statement is true. When someone "swears" to tell the truth, they are considered to be taking an oath on their faith in a god. Affirming is a substitute for swearing something before a god, most often employed where person making the statement is an atheist or under a religious proscription from making oaths.

age of majority

The age at which someone becomes a legal adult with the full capacity to act on their own, independent of their parents, including the capacity to sue and be sued. In British Columbia, the age of majority is 19. The age of majority has nothing to do with being entitled to vote or buy alcohol, although federal and provincial laws sometimes link those privileges with the age at which one attains majority.

agent

In law, someone acting on behalf of someone else, with that person's express permission and normally their express direction.

alias

A name by which people know you other than your legal name.

alienation

In family law, the actions or statements of a parent which tend to sever, damage or harm the child's relationship with or affections for the other parent.

allegation

An assertion that a certain set of facts is true, such as "on Monday, I had soup for lunch" or "Bob drives a blue Camaro." Also called an allegation of fact or a statement of fact.

alternative dispute resolution

A phrase referring to processes for the resolution of disputes outside the court system, including mediation, negotiation and collaborative law. In family law, the purpose of ADR is to offer a less conflict-oriented and less expensive way to resolve a dispute than litigation.

amend

To change or alter a pleading or document which has already been filed in court or given to the other party. The resulting document is a separate document from the original and is called, for example, the "Amended Notice of Family Claim" or the "Amended Counterclaim."

amicus curiae

A Latin phrase meaning "friend of the court." Usually refers to a lawyer who does not act for any of the parties and assists or brings relevant information to the attention of the presiding judge.

annulment

A declaration by a judge that a marriage is invalid. The effect of such a declaration is to make it as if the marriage never occured.

answer

A response to a claim or an allegation of fact. Usually refers to legal documents used to reply to the allegations or claims of another party, such as a Response to Family Claim, an Application Response or a Reply.

appeal

An application to a court for a review of the decision of a lower court and, hopefully, the reversal of that decision. A decision of a judge of the Supreme Court of British Columbia is, for example, appealed to the Court of Appeal for British Columbia.

applicant

The party to an action who brings an application to court in the course of that action, usually an application for an interim order.

application

A request to the court that it make an order for specific relief, usually on an interim or temporary basis.

application respondent

The party to an action against whom an application has been brought in the course of that action. the party replying to the applicant's application, usually an application for an interim order.

Application Response (Form F32)

A legal document required by the Supreme Court Family Rules setting out the application respondent's position on the relief claimed in an application and the grounds on which that relief is opposed.

arbitrator

A person selected by the parties to a dispute to resolve their dispute outside the court process and to whom the parties give the authority to impose a settlement.

arbitration

A dispute resolution process subject to the principles of natural justice in which the parties pick the person who will resolve their dispute and agree to be bound by the arbitrator's decision.

argument

In law, persuasion by logical reasoning. Usually refers to oral or written argument presented to a judge following the presentation of evidence about the facts of a case, or to a written brief of argument.

arrears

Money owing for child support or spousal support as a result of an agreement or a court order which has not been paid.

assess

To determine the value or amount of something. A lawyer's bill may be assessed by a registrar to determine the proper amount the client should pay. a piece of property may be "assessed" to determine its likely sale price.

assign

To transfer an interest or right in something, such as property or a cause of action, to someone else.

B

bad faith

Intentionally misleading someone else, whether by doing or not doing something; acting in a manner contrary to one's actual intention; an intentional failure to act honestly and openly. Also called male fides.

barrister & solicitor

A lawyer. a person licenced to practice law in a particular jursidiction. In England barristers do trial work and solicitors draft legal documents. In Canada, lawyers are both barristers and solicitors.

beneficiary

The person for whose benefit a trustee holds property. the recipient or intended recipient of property passed in a will.

bill

A lawyer's statement of account. Also, draft legislation presented by government to the Legislature or Parliament for approval.

binding

A requirement or obligation to honour and abide by a contract or order of the court. for example, a judge's order is binding in the sense that it must be obeyed or a certain punishment will be imposed. Also refers to the principle that a higher court's decision on a point of law must be followed by a lower court.

bona fide

A Latin phrase meaning "in good faith;" doing something honestly and openly, without the intention of misleading or causing harm to someone else.

breach of contract

Acting or failing to act in a manner contrary to the terms of the agreement. In family law, a breach of a term of a family agreement may give rise to a cause of action for the other party, but the breach is unlikely to allow the other party to treat the agreement as if it were cancelled or void.

brief

A written argument. a memorandum of law. A brief is usually presented to a judge as a summary of an argument or a summary of the law on a particular issue.

business assets

In family law, property owned by a spouse's company or corporation and not used for family purposes. Business assets are not usually subject to division between spouses, unlike family assets.

C

Charter of Rights and Freedoms

A part of the Constitution Act, 1981 which sets out the fundamental rights and freedoms shared by all Canadians, including the freedoms of religion and expression and the rights to life and liberty. Neither the federal nor the provincial governments can pass laws or act in ways contrary to the Charter. Certain sections of the Charter, particularly the portions dealing with equality rights, have a special importance for family law. For example, the way that the provincial Family Relations Act treats unmarried and married couples differently for the purposes of dividing their assets may be contrary to equality guarantees set out in the Charter.

case

In law, a law suit; an action; a cause of action; litigation. Also refers to historic decisions of the court.

certificate of pending litigation (CPL)

A document filed in the Land Title and Survey Authority against the title of a piece of real property stating that the property is the subject of litigation and that ownership of the property may change as a result. In family law, a CPL is used to protect the interest of a spouse in a piece of property by prenting the property from being sold or remortgaged.

chattel

An item of personal property. Distinguished from real property in the sense that chattels can be picked up and taken from place to place, but real property cannot.

child support

Money paid by one parent to the other to help defray a child's living expenses. Also known as maintenance and palimony.

Child Support Guidelines

A federal regulation which sets out the amount of child support a party must pay based on the party's income and the number of children involved and provides rules about the calculation of child support. The tables that set out the amount of support payable differ from province to province.

claim

The assertion of a legal right to something, whether to an order or to a thing. the relief sought by one party against the other.

claimant

The person who starts a legal action seeking orders against another party, the respondent. Formerly known as the plaintiff.

clear title

Ownership of property free of any debt registered against the property. For example, owning a piece of land without a mortgage, or owning a car without a car loan.

coercion

The use of force or intimidation to compel someone to do something. interference with another person's freedom of choice. For example, saying "sign this separation agreement or you'll never see your children again."

cohabitation

Living with another person in a "marriage-like relationship" while legally unmarried. shacking up. living in sin. playing house.

collusion

An agreement to do something with another person towards an illegal goal.

common law

This phrase has a number of different meanings such as 1) a legal principle under which courts are bound to follow the principles established by previous courts in similar cases dealing with similar facts, 2) the system of justice used in non-criminal cases in all provinces except Quebec, and 3) the legal status of an unmarried couple who qualify as "spouses" under any particular law, such as the Family Relations Act.

competent

In law, having the capacity or ability or authorization to do a thing. A person who is competent to give evidence is sane and able to understand the issues and results of his or her evidence. A court which has competent jurisdiction has the authority to deal with the issues in a case and has authority over the parties to that case.

conclusion of fact

A judge's decisions as to what the facts of a case are, based on the evidence he or she has heard and his or her evaluation of the credibility of the witnesses giving that evidence.

conclusion of law

A judge's decision about what law applies in a particular case and his or her conclusion about how that law should be applied.

concur

To agree.

concurrent

Happening or existing at the same time. Two courts of "concurrent jurisdiction," for example, each have the jurisdiction to hear the same case and deal with the same issues.

condonation

Forgiving a wrongful act. In family law, usually refers to the forgiving of an act of adultery or cruelty and the continuation of the parties' relationship as it was before.

conjugal rights

A quaint and somewhat outdated idea describing a spouse's right to enjoy the benefits of married life, including the comforts of living with his or her spouse, sharing meals, emotional comfort and sympathy, mutual confidence and privacy, sex and so forth.

connivance

Causing or permitting a wrongful act. In family law, usually refers to conspiring toward adultery as a ground of divorce to trick the court into making a divorce order.

consanguinity

Being related to another person by blood. For a marriage to be valid, the parties must not be within the prohibited degrees of consanguinity set out in the Marriage (Prohibited Degrees) Act.

consent

Agreement. making a choice of one's own free will after giving the matter thought.

consent order

A court order that all parties to an action agree the court should make. Consent orders may be interim or final.

consortium

The marital relationship between spouses, specifically the right of each spouse to the company and aid of the other.

conspiracy

The agreement and intention of two or more people to do an unlawful act, or to do a lawful act by unlawful means. A "conspirator" is a party to a conspiracy.

constitution

The rules which set out the political and legal organization of a state. The power and authority of the government, the legislature and the court stem from the constitution. In Canada, there are two primary constitutional documents, the Constitution Act, 1867 and the Constitution Act, 1982. The Charter of Rights and Freedoms is part of the Constitution Act, 1982.

construction

In law, the interpretation of something, like a document or a set of circumstances, so as to give it meaning. For example, if a separation agreement stated that one parent "will have the children on Monday, Tuesday and Friday" but didn't say anything about the other parent, the agreement would likely be constructed to mean that the other parent would have the children on the days not mentioned.

constructive trust

In family law, a trust relationship imposed to remedy the unjust enrichment of one party.

contempt of court

Doing something or failing to do something which impairs the administration of justice or respect for the court’s authority. For example bribing a witness, disobeying a court order or misleading the court. Contempt of court is a civil offence as well as a criminal offence.

contract

An agreement by two or more people which gives them enforceable obligations towards each other, usually in writing. A valid contract must be offered by one person and accepted by the other, and some form of payment or other thing of value must change hands.

contract law

The branch of law dealing with the interpretation and enforcement of contracts. The principles of contract law are not always applicable to family law agreements.

corollary relief

In an action for an order for divorce this term refers to all relief apart from the divorce order. For example, one might sue for a divorce as well as custody of the children. the part of the action relating to custody is the corollary relief.

costs

A party's legal expenses stemming from a legal action, calculated under the rules of court. A party's costs are not the same as his or her lawyer's account. The party to an action who is more successful than the other is usually awarded his or her costs of the action.

Counterclaim (Form F5)

A legal document required by the Supreme Court Family Rules setting out the relief claimed by a Respondent against a Claimant.

Court of Appeal

The highest level of court in British Columbia, having the jurisdiction to review decisions of the Supreme Court, all provincial lower courts and all provincial tribunals.

covenant

A promise to do or not do a particular thing.

cross-examination

The portion of a trial where a party asks questions of a witness presented by the other party to challenge his or her evidence and truthfulness. The questions asked of the witness must be relevant to the issues and may be "leading," that is, the question may suggest the answer.

custody

In family law, this term traditionally refers party with whom the child lives and at whose home the child eats and sleeps for the majority of the time. The concept of "primary residence" is overtaking this meaning of custody, particularly in circumstances where the parties share joint custody and joint guardianship of the children.

D

damages

An award of money payable by one party to the other, usually as compensation for loss or harm suffered as a result of the other party's actions or failures to act. In family law, damages may be awarded to remedy a tort claim or a breach of contract.

debt

A sum of money or an obligation owed by one person to another. A "debtor" is the person responsible for paying a debt. a "creditor" is the person to whom the money is owed.

decision

In law, a judge's conclusion after hearing the argument and considering the evidence presented at a trial or an application. a judgment. A judge's decision will include both his or her conclusions about the relief claimed as well as his or her findings of fact. A written decision is called the judge's Reasons for Judgment.

declaration

A pronouncement of the court as to a fact or a state of affairs. This should not be confused with an order, which is a mandatory direction of the court requiring a party to do or not do something.

deem

To make an assumption that one thing follows from another. a presumption of a fact based on proof of other facts.

de facto

A Latin phrase meaning "in fact."

default

A failure to do something which is either optional or mandatory, such as a failure to reply to an application or a claim within the time limits set out in the rules of court.

default Judgment

A judgment obtained by a claimant following the respondent's failure to reply to his or her claim within the proper time.

defence

A reply, rebuttal or answer to a claim. A respondent's defence may attack the claimant's claim on the truth of the facts alleged by the claimant, the law applicable to the case, or both.

denial

Defending a claim by denying the truth of a fact supporting the claim. a rejection of the truth of facts alleged.

de novo

A Latin phrase meaning "anew;" renewed, from the beginning. An application or trial heard de novo is heard for a second time without considering the result of the first hearing.

desertion

The continued absence of one spouse from cohabitation with the other. prolonged separation between spouses. This is an old ground of divorce which has been replaced in the modern Divorce Act with simple separation for a period of not less than one year.

desk order divorce

A process in which a divorce, with or without corollary relief, is obtained following the failure of the respondent to file a Response to Family Claim. A desk order divorce does not require an oral hearing and is the cheapest way to obtain a divorce order.

disability

In law, the inability to do certain things, like entering into a contract or bringing a law suit. Legal disabilities include insanity and being under the age of majority.

discovery

Disclosure and production are a stage of the litigation process in which each party advises the other of the documents in his or her possession which bear on the issues in the action, and those documents are exchanged. Discovery means the formal examination of a party under oath, outside of court, about the matters at issue in an action.

dismiss

In law, a judge's decision to end a claim or dismiss an action with or without trial. An application or appeal which is dismissed has been heard and rejected by the court.

divorce

The legal termination of a valid marriage by an order of the court, ending the marital relationship and the conjugal obligations of each spouse toward the other.

domicile

The place where one has one's permanent home, where one lives most of the time. sometimes the place where one intends to have a permanent home. A party's domicile may have an impact on the jurisdiction of the court to hear an action or deal with certain claims made in an action.

dower

The entitlement of a wife to a portion on her husband's estate on his death. This common law entitlement has been extinguished and is replaced by certain provisions of the Estate Administration Act and the Wills Variation Act, which grant both spouses certain rights on the death of the other.

dowry

In some cultures, the property and/or chattels brought into the marriage by the wife, or, the property given to a wife by her husband in return for her marriage to him. There is no legal entitlement to dowry in Canada, and claims for dowry will not normally be enforceable.

draft

In law, a non-final version of a document. an order prepared following judgment to be submitted to the court for its approval. To prepare or "draw" a legal document.

duress

Forcing someone to do something, usually by psychological or emotional pressure, which that person is not obligated to do.

duty

A legal obligation to do or not do something, whether under the common law or pursuant to legislation.

E

encumbrance

A debt secured against property, such that a default on repayment gives the creditor a right to possess or sell the encumbered property.

enticement

In family law, intentionally causing a wife to leave her husband or intentionally interfering with a married couple's consortium, an old common law cause of action. The Family Relations Act expressly forbids legal actions based on enticement.

error of law

A ground of appeal claiming that the trial judge did not apply the law correctly in reaching his or her decision.

estate

The sum of the property owned by a person or in which he or she has an interest.

evidence

Facts or proof of facts presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence.

examination-in-chief

The portion of a trial where a party asks questions of a witness they have presented to elicit evidence of certain facts. The questions asked of the witness cannot be "leading," that is, the answer cannot be suggested in the question.

examination for discovery

The cross-examination of a party under oath about the matters at issue in the action conducted prior to trial. An examination for discovery is held outside court, with no one in attendance except for the parties, the parties' lawyers and a court reporter. The court reporter produces a transcript of the examination, which may, under certain circumstances, be used at trial.

execute

In contract law, to complete or accomplish. to complete the legal formalities necessary to give a document validity. One executes a separation agreement, for example, by signing it in the presence of a witness.

ex parte

A Latin phrase meaning "on behalf of one party," but used to describe applications being made without notice being given to the other party. Such applications are only heard in urgent situations, for example, if a spouse has threatened to flee with the children or hide assets.

expert evidence

Opinion evidence given by an expert at trial. Opinion evidence is evidence about what someone thinks or believes rather than something known as a fact, and is generally not admissible at trial except from experts. In family law, experts typically called to give evidence include accountants, business valuators, doctors, and psychologists.

F

family law agreement

An agreement between two persons involved in a spousal or parental relationship which deals with their respective rights and obligations to one another and which the parties expect will be enforceable in court. These agreements include marriage agreements (prenuptial agreements), cohabitation agreements (living together agreements) and separation agreements.

family assets

Assets owned by either or both married spouses and subject to division between them on the breakdown on their marriage. An asset owned solely by one spouse may be found to be a family asset where it is used for a family purpose. Family assets are presumed to be divided between the spouses on an equal basis under the Family Relations Act.

Financial Statement

A court form (Form F8 in the Supreme Court and Form 4 in the Provincial Court) used to set out a party's income, expenses, assets and debts on the party's oath or affirmation.

finding

A conclusion made by a judge, determining a point of law or a disputed fact.

finding of fact

A judge's conclusion about the facts of a case, made after hearing all the evidence.

forum

In law, a court or level of court, sometimes used in reference to the court's jurisdiction.

free and clear title

Real property owned without encumbrances on the title and without any other debt or obligation attached to the property.

frustration

In contract law, an inability to complete or fulfill a contract, whether intentional or unintentional. the intentional intereference with the rights of another under a contract or court order. A contract which cannot be completed or fulfilled is said to be "frustrated."

G

gainful employment

Steady work for pay. In family law, a dependant spouse usually has a duty to find gainful employment and become self-sufficient following the breakdown of a relationship. Under certain circumstances, a failure to find gainful employment may justify the termination of spousal support.

gift

A voluntary transfer of property from one person to another, without expectation of payment or reward. True gifts do not usually qualify as family assets, making them exempt from division between spouses.

good faith

Acting in an honest, truthful, open and fair manner, without the intent to deceive or defraud. Also known by the Latin phrase bona fide.

guardian

A person charged with the care of someone under a legal disability. In family law, a guardian has the right to instruct and receive information from the people involved with the care of his or her child, such as doctors and teachers, the obligation to make arrangements for the necessities of the child’s life, and the right and obligation to make important decisions about how that child grows up.

guardianship

In family law, being charged with the legal care of a child's person and estate.

H

hearing

In law, a proceeding before a judge to determine questions of law and/or questions of fact, whether the hearing of an application or the hearing of a trial.

hearsay

Evidence of which a witness has no direct, personal knowledge. For example, saying that "Pierre told me that Mitsou trashed the car" or "Mitsou told me she trashed the car." Hearsay evidence is not admissible at trial as a witness can only properly give evidence of those facts of which he or she has direct knowledge. Hearsay evidence may be allowed on interim applications, as long as the source of the hearsay information is identified.

heirs

In estate law, the people intended or expected to receive property or other benefit under a will. a person's direct lineal descendants.

I

indemnify

To repair harm or loss suffered by another.

infant

A person not yet of the age of majority. a minor. a child.

inheritance

Real or personal property received as a result of the provisions of a will. Inheritances do not usually qualify as family assets subject to division between spouses.

injunction

An order that someone not do or cease doing a thing. a restraining order. In family law, injunctions are often sought to stop someone from doing something with the children, disposing of assets or harassing someone else.

in loco parentis

A Latin phrase meaning "in the place of a parent;" acting as a parent in the place of the child's natural parent or intending to stand in the place of that parent. A person found to be in loco parentis to a child may be responsible to pay child support for that child.

in personam

A Latin phrase meaning "against the person;" a right against a person as opposed to a right involving a thing.

in rem

A Latin phrase meaning "against the thing;" refers to a right against objects or property rather against a person.

inspection of documents

The right of a party to an action to look at and copy documents held by the other party which relate to issues in the action. part of the discovery and production process.

instructions

In law, the directions given by a client to his or her lawyer about the conduct of a case.

interim application

An application made after the commencement of a legal action but before its conclusion, usually for temporary relief until the final resolution of the matter at trial or by settlement before trial. In family law, interim applications are useful to establish parenting arrangements and support obligations on a quick, although temporary, basis.

interim order

Any order made prior to the final resolution of a legal action at trial or by settlement before trial. a temporary, rather than permanent or final order.

interlocutory

Literally, "between speakings;" refers to interim applications brought or orders made after the commencement of a legal action but before its conclusion.

interrogatories

Written questions presented by one party which must be answered by other party in the form of an affidavit. part of the discovery process.

intestate

Dying without a will. In such circumstances, the distribution of the dead person’s estate is governed by the Estate Administration Act.

in the alternative

A phrase used to indicate secondary relief or a secondary ground of relief, usually presented as an option to the primary relief or primary ground of relief claimed. As in "I'd like your Mustang, but, in the alternative, I'll take your Pinto."

in trust

A phrase describing property held by one person for the benefit of another person who is ultimately eneitled to the property. Money held in trust is held in a lawyer's bank account on the lawyer's promise not to use that money except as may be agreed.

J

joint account

A bank account shared by more than one person normally with an equal entitlement to deposit or withdraw, with or without the consent of the other account holders.

joint custody

A situation in which both parents together have custody of their children.

joint guardianship

A situation in which both parents together have guardianship of their children. Should one parent die in such circumstances, the other parent becomes the sole guardian of the children.

joint tenancy

A form of ownership where two or more people co-own a thing. Each joint tenant’s interest in the property is not distinct, that is, it cannot be separated out from the other tenants' interests. When one joint tenant dies, the other tenants continue to own the whole of the property between them.

judge

A person appointed by either the federal or provincial government, with the authority to hear and decide legal actions in an impartial manner, independent from influence by the government, whose decisions are binding upon the parties to an action.

final judgment

A decision which completely and finally determines some or all of the issues in a legal action, following which there is no other recourse open to a dissatisfied party except an appeal.

jurisdiction

This word has a number of meanings such as 1) the authority of the court to hear an action and make orders, 2) the limits within which a court must operate, 3) the limits of the authority of a particular judicial official, 4) the authority of a government to make legislation as determined by the constitution, and 5) the geographic location of a court.

justice of the peace

A court official appointed by the provincial government with a defined decision-making authority.

L

Land Title and Survey Authority

The department of the provincial government responsible for maintaining written records of the ownership of real property in the province, together with a record of the encumbrances which may lie against a parcel of property.

lawyer's fees

The fees a lawyer charges his or her client pursuant to their retainer agreement, for the lawyer's services. Most lawyers bill by the hour with a premium for success or the difficulty or novelty of the case. A lawyer's bill may include disbursements, which are costs incurred by the lawyer for such things as couriers, filing documents in court and photocopying.

leading questions

Question asked of a witness which suggest their answers, normally asked during cross-examination, such as "You've never worked a day in your life, have you?"

lease

An agreement such that the owner of a piece of property (a car or an apartment, for example) gives up the right to occupy and use that property in exchange for something else like money. A "lessor" is the person who retains ownership of the property. a "lessee" is the person who gets the right of possession in exchange for payments to the lessor.

legal description

With respect to real property, the full formal identification of a particular piece of property by its lot number, district lot number, plan number and land district, rather than by its street address.

legislate

To create, amend and revoke written laws governing things, people and places. a right of the provincial and federal governments to pass and rescind laws derived from the Constitution.

legislation

An act, a statute. A written law created by a government.

litigant

A party to a legal action, such as a Claimant or Respondent in the Supreme Court, or an Applicant or Respondent in the Provincial Court.

lay litigant

A party to a legal action who is not represented by a lawyer and acts on his or her own behalf. "Lay" in this context means amateur.

M

maintenance

In family law, usually refers to payments made by one party to the other to defray that person's daily living expenses or for the living expenses of the a child. also known as support.

marriage

A legal and emotional relationship between two people, solemnized by a religious functionary or marriage commissioner, giving rise to certain mutual rights, benefits and obligations.

marriage-like relationship

A quality of a romantic relationship indicating the nature of their parties' committment to each other as lovers and partners. A legal requirement for a couple to be considered common-law spouses. A couple in marriage-like relationship live together, share chores together, describe themselves as a couple, and their friends and family think of them as a committed couple.

master

A provincially-appointed judicial officer with the limited authority deal with certain issues and certain court processes, including interim applications.

material

In law, relevant, important. A "material fact" is a fact relevant to a claim.

matrimonial home

In family law, the dwelling occupied by a family as their home.

mediation

A dispute resolution process in which a third party with special training, a mediator, helps the parties to a dispute find a resolution to that dispute.

memorandum of understanding

A document setting out the essential terms of an agreement reached between two or more people, often used as a guide to the negotiation of a final, more detailed and more complete agreement.

minutes of settlement

A document setting out the essential terms of an agreement or settlement reached between two or more people, produced after negotiations and signed by the parties and their lawyers to record the agreements reached to date. Minutes of Settlement are normally used as the foundation of a future final order or agreement, and are often attached to that order or agreement as a schedule.

misrepresentation

Acts or words tending to give a false impression as to the true state of affairs.

mistake

In contract law, an unintentional act or failure to act arising from a misunderstanding of the true state of affairs, from ignorance, or from an error, including entry into an otherwise binding contract.

mortgage

The conditional transfer of ownership in a piece of property to someone else, while retaining possession of the property, to secure a loan. The party to whom the title is given, the mortgagee, usually a bank, is allowed to register the title of the property in his or her name if the person making the transfer, the mortgagor, fails to repay the loan.

motion

In law, an application to the court for an order, usually brought after the commencement of an action but before its conclusion following trial or by settlement before trial.

N

natural parent

The biological parent of a child, as distinguished from adoptive parents and stepparents.

negotiate

In family law, the process by which a contract or agreement is formed, usually consisting of the mutual compromise of the parties' original positions, through discussion and bargaining, to the extent tolerable by each party.

non compos mentis

A Latin phrase meaning "not of sound mind." A person who is non compos mentis is under a legal disability.

notary public

A person authorized to take oaths and affirmations, and execute or certify certain documents. All lawyers are notaries public in addition to being barristers and solicitors.

Notice of Appeal

A legal document required by the rules of court which notifies a party of the other party's intent to appeal a decision.

Notice of Family Claim (Form F3)

A legal document required by the Supreme Court Family Rules setting out the relief claimed by a person bringing a family law case, the court the claim will be heard in and the person's Address for Service.

Notice of Application (Form F31)

A legal document required by the Supreme Court Family Rules setting out the relief claimed by a person making an application, the grounds on which that relief is claimed and the date on which the application will be heard.

null and void

Invalid. A nullity. Of no legal force and effect. Curiously, null and void mean the same thing.

O

oath

An affirmation of the truth of a statement by one's faith in a god. Someone making an affidavit may give his or her evidence in that affidavit under oath. a witness giving oral evidence may give his or her evidence in court under oath.

obligation

A duty at law, whether contractual, moral or legal in origin, to do or not do something.

offer

In contact law, the expression, either orally or in writing, of a willingness to be bound by a proposed agreement, contract or settlement proposal.

offer to settle

A document setting out a formal offer made by one party to the other prior to the trial of an action describing the terms on which the party is prepared to settle the action without trial. Offers to settle can have important consequences, particularly with respect to the award of costs if the offer is close to what the judge decides following trial.

officer of the court

Any official of the court, including lawyers, court clerks and judges.

omission

A failure to do something, whether intentional or unintentional.

order

A mandatory direction of the court, binding upon the parties to a legal action. An "interim order" is a temporary order obtained by an inteirm application. A "final order" is a permanent order and the product of either the trial of the action or the settlement of the parties before trial, following which the only recourse open to a dissatisfied party is to appeal the decision. Orders made with the agreement of the parties are called "consent orders."

Ownership

A usually exclusive right to possess and use a thing.

P

the doctrine of paramountcy

The rule that federal legislation on a subject is superior to and takes precedence over any provincial legislation on the same subject.

parens patriae

A Latin phrase meaning "parent of the country," the court's inherent jurisdiction to deal with issues concerning persons under legal disabilities.

parent

In family law, the natural or adoptive father or mother of a child. may also include stepparents, depending on the circumstances and the applicable legislation.

party

In law, a person making or defending an action. someone either asserting a claim in a legal action or subject to a claim made in an action.

paternity test

A scientific test performed to determine the parentage of a child, usually performed by DNA testing of the blood or saliva of the alleged parent(s) and the child.

peace officer

A person having a duty to enforce the law as a result of his or her employment, including police officers as well as sheriffs, customs officers, and mayors.

pecuniary

Relating to money.

perjury

Intentionally lying to the court while giving evidence under oath or affirmation. also applies to lying in a sworn document, such as an affidavit. This is an offence.

personal property

Chattels, goods. property other than real property.

Petition (Form F73)

A court document used to commence specific kinds of legal action. The person bringing the action is the Petitioner and the person against whom the action is brought is the petition respondent. An action can only be started by a Petition in certain circumstances. most often actions are started with a Notice of Family Claim.

pleadings

A legal document setting out either a claim or a defence to a claim. Usually, the pleadings consist of the Notice of Family Claim, Response to Family Claim and Counterclaim.

possession

In law, the right to have the control and use of a thing, but not necessarily the right to own that thing.

precedent

This word has a number of meanings, including 1) the historic decisions of the courts, 2) the principle that those decisions are binding on subsequent judges hearing cases of a similar nature or in similar circumstances, and 3) templates or sample documents used to draft a new document.

premises

In real property law, a piece of property and a building situated on it, usually, the area of the property surrounding a building on that property. Also, the foundation of a logical argument.

prima facie

A Latin phrase meaning "first face," refers to a fact which ought to be obvious.

privilege

In law, the duty a lawyer has to keep his or her client's information confidential, including communications between the lawyer and client and advice given to the client. A lawyer cannot reveal privileged communications even to the court, except in certain usual circumstances.

proceeding

In law, the whole of the conduct of a legal action, from beginning to end, and all steps in between. may also be used to refer to a specific hearing or trial.

proof

Evidence which establishes or tends to establish the truth of a fact. also, the conclusion of a logical argument.

quantum meruit

A Latin phrase meaning "the amount of deserved." Refers to payment for a service according to the value of the service rendered.

Q

quash

To set aside or vacate an order or judgment.

question of fact

An issue arising where the parties disagree about a material fact relevent to a legal action, when only one party can be right. A court's decision about what the facts of a case are is a "finding of fact."

question of law

An issue about which law should be applied in a legal action, or how the law should be applied in the circumstances of a particular action. A court's decision about how the law should be applied to the facts of case or about what the law is in a particular situation is a "finding of law."

R

real property

A piece of land and the buildings on that land. Real property is different from chattels or other personal property because it cannot be moved.

rebut

In law, to reply to an argument, a statement of fact or a legal presumption by presenting argument or evidence to the contrary. providing evidence which tends to disturb a presumption.

registrar

An officer of the court with the power to make certain decisions, including the terms of a judge's order. also, an officer of the court charged with the responsibility of reviewing and approving certain documents submitted to the court, such as pleadings.

court registry

A central office, located in each judicial district, at which the court files for each legal action brought in that district are maintained, and at which legal documents can be filed, searched and reviewed.

regulations

A kind of lesser legislation giving supplemental rules to a particular act. Regulations are created and amended by the government, not the Legislature or Parliament.

relief

In law, an order sought by one party to a legal action as set out in his or her pleadings. Where more than one remedy or order is sought, each remedy sought is called a "head of relief."

reply

In law, an answer or rebuttal to a claim made or a defence raised by the other party to an action.

requisition

A court form (Forms F17, F29 & F35) prescribed by the Supreme Court Family Rules with which a party asks the court registry staff to perform a task (like searching a file) or asks the registrar to make a procedural order (like an order that a party be served substitutionally).

residence

The place a person permanently lives. This is different from a person's "domicile" in that a person's residence is more concrete and less changeable in nature. A person's residence can have an impact on the court's authority to hear and decide a legal action.

respondent

The person against whom a claim has been brought. Formerly known as the defendant.

Response to Family Claim (Form F4)

A legal document required by the Supreme Court Family Rules setting out Respondent's position on each of the orders sought by the Claimant in the Notice of Family Claim as well as the Respondent's Address for Service.

restraining order

An order which forbids a party from doing or not doing a thing. In family law, common restraining orders include stopping someone from travelling out of an area with the children, stopping someone from disposing of assets, and stopping someone from harassing someone else.

resulting trust

In family law, a finding by a court that one party holds property in trust for another as a result of the parties' intention to make a trust. A trust relationship inferred by operation of law.

retainer

This word means several things such as 1) the act of hiring of lawyer, 2) the money paid to a lawyer to hire his or her services, and 3) the terms and extent of a lawyer's work on behalf of a client.

review

In law, the re-examination of a state of affairs, an order or an agreement, usually to determine whether the terms of an agreement or order are still appropriate. A separation agreement or an order may state that a particular term is "reviewable" at a certain date. On that date the circumstances of each party are re-examined to determine whether the term remains appropriate, and whether the term should be cancelled, changed or let alone.

rules of court

A set of codified guidelines governing the court process and litigation generally, and providing the official court forms required. The rules of court are particular to each level of court.

S

sale

An agreement to transfer the ownership of property from one person to another in return for something else, like money or another property.

separation agreement

A contract between spouses, partners or parents, intended to resolve all or some of the issues outstanding between them as a result of the breakdown of their relationship, and intended to guide the parties in their dealings with one another thereafter.

personal service

The personal delivery of a legal document to a party in an action in a manner complying with the Supreme Court Family Rules, usually by physically handing the document to the party and verifying the recipient's identity.

ordinary service

The delivery of a legal document to a party in an action in a manner complying with the Supreme Court Family Rules, usually by transmitting the document to one of the party's Addresses for Service.

Affidavit of Service (Form F15)

An affidavit in a form prescribed by the Supreme Court Family Rules sworn by the person who has personally served someone with legal documents, stating that the party was served and describing the circumstances in which service was accomplished.

substituted service

Service in a way other than service as prescribed by the rules of court, in the manner and on the conditions imposed by an order of the court.

settlement

A resolution of a legal action or of one or more matters at issue in that action, made by the agreement of the parties to that action, as opposed to resolution of the matter by the court following a trial or hearing.

spouse

According to the Divorce Act, a spouse is a person who is legally married to someone else, whether of the same or a different gender. Under the Family Relations Act, this term also includes unmarried couples who have lived together in a marriage-like relationship for a period of at least two years.

spousal support

Money paid by one spouse to the other to help cover the recipient's living expenses. Also called alimony and maintenance.

stare decisis

A Latin phrase meaning "standing by the thing decided," refers to the common law principle that courts are obliged to follow the decisions of the courts before them on the same subjects.

status quo

A Latin phrase meaning "the state that was," refers to whatever circumstances or conditions previously existed and, usually, had existed for some time.

subpoena

A legal document issued either by the court or by a party which compels a witness to attend court to give evidence, and, sometimes, to produce a specific document. Failure to obey a subpoena may constitute contempt of court.

suit

A law suit, an action, a court proceeding, a case. A claimant's claim against a respondent.

T

taxation

A hearing in which a client challenges a lawyer's bill and a lawyer proves his or her bill. A taxation hearing is held before a master or a registrar who examines the account to determine whether the account is fair. The master or registrar assesses the bill and issues a Certificate of Fees stating what amount is properly payable by the client or refundable by the lawyer.

tenancy in common

A kind of ownership of a property by two or more persons such that each owner has a distinct and severable share in the property. A tenant in common may chose to sell his or her share in that property independently from other owners.

testator

In estate law, a person who has made a will used in reference to that will. The delightful feminine form of this word is "testatrix."

testimony

A statement made by a witness to a court as evidence, or made in an affidavit, made under oath or affirmation as to the truth of the statement.

third party

A person named in an action or joined to an action who is neither the Claimant nor the Respondent. A third party may be joined to an action where the Respondent believes that the person has some responsibility for the cause of action.

title

In law, having legal ownership of a thing. a document evincing legal ownership of a thing.

trial

The testing of the respective claims and defences of the parties to an action through the presentation of evidence and legal argument at a formal hearing before a judge with the jurisdiction to hear the matter and to make a final, binding determination of the claims.

trust

In law, a form of possession in which one person holds, deals with and is responsible for property for the benefit of another. A "trustee" is the person who holds the property in trust for the other person. the "beneficiary" is the person for whom the property is held.

trustee

One who holds property in trust for the benefit of another.

U

unjust enrichment

Money or benefits unfairly gained by one person at a corresponding expense or loss to another.

unlawful

Acts or omissions made contrary to legislation or the common law.

V

vacate

The setting aside or quashing of a decision or order, sometimes effective on the date of the vacation, sometimes with a retroactive effect as if the original order had never been made.

validity of marriage

For a marriage to be valid, the spouses must be: not within the prohibited degrees of consanguinity, over the commmon law age of puberty, unmarried at the time of the marriage, and capable of understanding the meaning of marriage.

W

waive

In law, to give up a right or entitlement. to give up the opportunity to assert a right or enforce an entitlement.

waste

In law, intentionally or unintentionally allowing the value of a piece of property to diminish through carelessness, neglect or purposeful harm.

will ^def

A legal document in which a person sets out how he wishes his or her property to be disposed of after death. There are certain legal requirements which must be met for a will to be valid. In the absence of a valid will, a person’s property will generally be dealt with according to the provisions of the Estate Administration Act.

Will

A legal document in which a person sets out how he wishes his or her property to be disposed of after death. There are certain legal requirements which must be met for a will to be valid. In the absence of a valid will, a person’s property will generally be dealt with according to the provisions of the Estate Administration Act.

witness

A person giving evidence on the person's oath or affirmation as to the truth of the statements made.

Acts or omissions that are contrary to legislation or the common law. See "lawful."

The taking of a person by force or fraud. In family law, also the taking of a child contrary to a court order or without the permission of a guardian. In certain circumstances, the abduction of a child by a parent may be a criminal offence.

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

In family law, the natural or adoptive father or mother of a child; may also include stepparents, depending on the circumstances and the applicable legislation; may include the donors of eggs or sperm and surrogate mothers, depending on the circumstances and the terms of any assisted reproduction agreement. See "adoptive parent," "assisted reproduction," "natural parent" and "stepparent."

An agreement between two or more people, giving them obligations towards each other that can be enforced in court. A valid contract must be offered by one person and accepted by the other, and some form of payment or other thing of value must generally be exchanged between the parties to the contract.

In law, a person named as an applicant, claimant, respondent, or third party in a court proceeding; someone asserting a claim in a court proceeding or against whom a claim has been brought. See "action" and "litigant."

(1) Intentionally doing a thing, or (2) a law passed by a government, also called "legislation" or a "statute." See "regulations."

The behaviour of a person that gives rise to a claim for relief. For example, a spouse's adultery might give rise to the other spouse's right to claim a divorce. The adulterous act is the cause of action for the divorce claim.

Under the old Divorce Act, the schedule of a parent's time with their children under an order or agreement, replaced with "parenting time" and "contact" in the new Divorce Act. Access usually referred to the schedule of the parent with the least amount of time with the child. See "contact," "custody" and "parenting time."

A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority."

The geographic place where a person permanently lives. This is different from a person's "domicile" in that a person's residence is more fixed and less changeable in nature. A person's residence can also have an impact on a court's authority to hear and decide a legal action. See "domicile" and "jurisdiction."

In law, (1) a lawyer's bill to their client or a statement, or (2) a person's recollection of events.

An act; a statute; a written law made by a government. See "regulations."

An act, legislation; a written law made by a government.

A court proceeding in which one party sues another for a specific remedy or relief, also called a "lawsuit" or a "case." An action for divorce, for example, is a court proceeding in which the claimant sues the respondent for the relief of a divorce order.

(1) In law, a court proceeding, a lawsuit, a legal action, a case, or (2) a claimant's claim against a respondent. (3) In fashion, menswear designed to inflict maximum discomfort at maximum cost. See "action."

In law, (1) the whole of the conduct of a court proceeding, from beginning to end, and the steps in between, may also be used to refer to (2) a specific hearing or trial. See "action."

In law, an order sought by a party to a court proceeding or application, usually as described in their pleadings. Where more than one order or type of order is sought, each order sought is called a "head of relief." See "action," "application" and "pleadings."

A legal proceeding in which one party sues another for a specific remedy or relief, also called an "action," a "lawsuit," or a "case." A court proceeding for divorce, for example, is a proceeding in which the claimant sues the respondent for the relief of a divorce order.

The person who starts a court proceeding seeking an order for a specific remedy or relief against another person, the respondent. See "action" and "respondent."

The person against whom a claim has been brought by Notice of Family Claim. See “application” and “Notice of Family Claim."

The legal termination of a valid marriage by an order of a judge; the ending of a marital relationship and the conjugal obligations of each spouse to the other. See "conjugal rights," "marriage" and "marriage, validity of."

The address at which a party to a court proceeding agrees to accept delivery of legal documents. An address for service must be a proper street address within British Columbia; additional addresses for service may include postal addresses, fax numbers, and email addresses.

Sending legal documents to a party at that party's "address for service," usually by mail, fax, or email, called "ordinary service" in proceedings before the Supreme Court. Certain documents, like a Notice of Family Claim, must be served on the other party by personal service. Most other documents may be served by ordinary service. See also "address for service" and "personal service."

In family law, the act or process of taking another person's child as one's own. The child becomes the adopting parent's legal child as if the child were the adopting parent's natural child, while the natural parent loses all rights and obligations with respect to the child. See "natural parent."

A person who has assumed the status of a legal parent to a child who is not their biological offspring. See "adoption," "assisted reproduction" and "natural parent."

A married person's voluntary sexual intercourse with a person other than their spouse, also known as cheating, playing the field and fishing out of season. Proof of adultery is grounds for an immediate divorce, providing that the spouse complaining of the adultery can prove that the adultery occurred and that they have not consented to or forgiven the adulterous act. See "collusion," "condonation," and "divorce, grounds of."

Under the Divorce Act, either of two people who are married to one another, whether of the same or opposite genders. Under the Family Law Act, spouse includes married spouses, unmarried parties who have lived together in a marriage-like relationship for at least two years, and, for all purposes of the act other than the division of property or debt, unmarried parties who have lived together for less than two years and have had a child together. See "marriage" and "marriage-like relationship."

In family law, this usually refers to one party obtaining a part of any property at issue before the property has been finally divided by court order or the parties' agreement, usually in order to help pay for that person's legal fees.

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

A resolution of one or more issues in a court proceeding or legal dispute with the agreement of the parties to the proceeding or dispute, usually recorded in a written agreement or in an order that all parties agree the court should make. A court proceeding can be settled at any time before the conclusion of trial. See "action," "consent order," "family law agreements" and "offer."

(1) A lawyer or a person other than a lawyer who helps clients with legal issues, or (2) to argue a position on behalf of someone.

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

A legal document in which a person provides evidence of certain facts and events in writing. The person making the affidavit, the deponent, must confirm that the statements made in the affidavit are true by oath or affirmation. Affidavits must be signed in front of a lawyer, a notary public or a commissioner for taking oaths, who takes the oath or affirmation of the deponent. Affidavits are used as evidence, just as if the person making the affidavit had made the statements as a witness at trial. See "deponent", "affirm," "oath" and "witness."

Facts, or proof tending to support the existence of facts, presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay" and "testimony."

In law, a guarantee of the truth of a statement secured by one's faith in a god, and the prospect of torment in the afterlife in the event the promise is falsely made. People making affidavits and giving oral evidence in court will often give their evidence under oath. See "affidavit," "affirm," "perjury" and "witness."

A person authorized to administer affirmations and oaths, and to execute or certify documents. All lawyers are notaries public in addition to being barristers and solicitors. See "barrister and solicitor.”

A person giving information under affirmation or oath; a witness. Refers to both a person giving testimony at a trial and a person making an affidavit. See "affidavit," "evidence," "testimony" and "witness."

A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government, or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal.

To promise that a statement is true. When someone "swears" to tell the truth, they are taking an oath on their faith in a god and their fear of retribution in the afterlife. Affirming is a substitute for taking an oath, and is most often employed where the person making the statement is an atheist or under a religious proscription from making oaths. See "affidavit," "oath," "perjury," and "witness."

The age at which a child becomes a legal adult with the full capacity to act on their own, including the capacity to sue and be sued. In British Columbia, the age of majority is 19. The age of majority has nothing to do with being entitled to vote or buy alcohol, although federal and provincial laws sometimes link those privileges with the age at which one attains majority. See "disability" and "infant."

In law, someone acting on behalf of someone else, with that person's express permission and normally at their express direction.

A name by which people know you other than your legal name, such as Vanilla Ice if your legal name is Robert Matthew Van Winkle. Aliases are not illegal in British Columbia.

A claim that a certain set of facts is true, such as "on Monday, I had soup for lunch" or "Bob drives a blue Camaro." Also called an "allegation of fact" or a "statement of fact."

A phrase referring to a number of processes intended to resolve people's disputes outside of the court system. This includes arbitration, mediation, negotiation, and collaborative settlement processes. In family law, the purpose of alternative dispute resolution is to offer a less adversarial and less expensive way to resolve a dispute than having to go to court so that a judge can resolve things.

A dispute resolution process in which a specially-trained neutral person facilitates discussions between the parties to a legal dispute and helps them reach a compromise settling the dispute. See "alternative dispute resolution" and "family law mediator."

In family law, the process by which an agreement is formed between the parties to a legal dispute resolving that dispute, usually requiring mutual compromise from the parties' original positions to the extent tolerable by each party. See "alternative dispute resolution" and "family law agreements."

To change or alter a pleading or document that has already been filed in court or given to the other party. The resulting document is a separate document from the original and is called, for example, the "Amended Notice of Family Claim" or the "amended separation agreement."

A legal document setting out either a claim or a defence to a claim prepared at or following the start of a court proceeding. In the Provincial Court, the pleadings are the Application to Obtain an Order and Reply. In the Supreme Court, the pleadings include the Notice of Family Claim, Response to Family Claim, Counterclaim, Petition, and Response to Petition. See "action," "claim" and "Counterclaim."

A legal document required by the Supreme Court Family Rules to begin a court proceeding, setting out the relief claimed by the claimant and the grounds on which that relief is claimed. See "action," "claim," "claimant," "pleadings" and "relief."

A declaration by a judge that a marriage is invalid. The effect of such a declaration is to cancel the marriage from the moment it took place, as if the marriage never occurred. See "ab initio," "declaration," and "marriage, validity of."

In law, a pronouncement of the court about a fact or a state of affairs, such as a declaration that a marriage is void or that a person is the guardian of a child. Not to be confused with an order, which is a mandatory direction of the court requiring a party to do or not do something. See "order."

In law, response to an allegation of fact or to a claim. Usually refers to documents that reply to the allegations or claims made by the other party, such as a "Response to Family Claim" or a "Reply."

(1) The assertion of a legal right to an order or to a thing; (2) the remedy or relief sought by a party to a court proceeding.

In law, an answer or rebuttal to a claim made or a defence raised by the other party to a court proceeding or legal dispute. See "action," "claim," "defence" and "rebut."

A legal document required by the Supreme Court Family Rules in which the respondent to a court proceeding sets out their reply to the claimant's claim and the grounds for their reply. See "action," claim," "Notice of Family Claim" and "pleadings."

A legal document required by the Supreme Court Family Rules to reply to a Notice of Application, which sets out the relief agreed to and opposed by the application respondent and the facts in support of that position. See "interim application."

A legal document required by the Provincial Court Family Rules to respond to a claim made in an applicant's Application to Obtain an Order. See "applicant," "Application to Obtain an Order," "claim" and "Counterclaim."

An application to a higher court for a review of the correctness of a decision of a lower court. A decision of a judge of the Provincial Court of British Columbia can be appealed to the Supreme Court of British Columbia. A decision of a judge of the Supreme Court can be appealed to the Court of Appeal for British Columbia. See "appellant" and "respondent."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

In law, usually refers to a decision of an appeal court overturning the decision of a lower court on a particular issue. The lower court's decision is said to have been "reversed on appeal." See "appeal" and "common law."

The highest level of court in the province, having the jurisdiction to review decisions of the Supreme Court, all provincial lower courts, and certain tribunals. See "appeal."

A party who brings an application to the court for a specific order or remedy. Usually refers to the party making an interim application, but in the Provincial Court applicant also means the person who starts a court proceeding. See also "court proceeding," "application respondent," and "interim application."

Any order made prior to the final resolution of a court proceeding by trial or by settlement; a temporary, rather than permanent or final, order. See "application" and "interim application."

A request to the court that it make a specific order, usually on an interim or temporary basis, also called a "chambers application" or a "motion." See also "interim application" and "relief."

A party against whom an interim application has been brought. See also "applicant" and "interim application."

A dispute resolution process in which an arbitrator hears the evidence and arguments presented by the parties to a legal dispute and makes an award that resolves the dispute and is binding on the parties. The arbitration of family law disputes is governed by rules set out in Part 2, Division 4 of the Family Law Act. See "alternative dispute resolution" and "family law arbitrator."

Processes used to resolve legal disputes, including negotiation, collaborative settlement processes, mediation, arbitration and litigation.

In law, an attempt to persuade by logical reasoning. Usually refers to oral or written argument presented to a judge or arbitrator following the presentation of evidence, or to a written summary of argument.

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

In law, (1) a written argument, or (2) a memorandum of law. A brief is usually presented to a judge as a summary of an argument or the law on a particular issue. Curiously, briefs are rarely brief.

Child support or spousal support that is owing because of an order or agreement but is unpaid.

Money paid by one parent or guardian to another parent or guardian as a contribution toward the cost of a child's living and other expenses.

A payment made by one spouse to the other spouse to help with the recipient's day-to-day living expenses or to compensate the recipient for the financial choices the spouses made during the relationship.

To determine the proper value or worth of something. A lawyer's bill may be assessed by a registrar to determine the actual amount the client should pay. See "appraisal."

An officer of the court with the power to make certain decisions, including the settlement of a lawyer’s bill, a party's costs of a court proceeding, and settling the form of an order. An officer of the court charged with the responsibility of reviewing and approving certain documents submitted to the court, such as pleadings. See "jurisdiction" and "pleadings."

Something which can be owned. See "chattels" and "real property."

An agreement to transfer the ownership of property from one person to another in exchange for the reciprocal transfer of something else, usually money. See "agreement."

In law, to transfer an interest or right in something to someone else. People who go on welfare, for example, are required to assign their rights to apply for child support and spousal support to the provincial government.

In property law, the act of an owner of a thing giving ownership of that thing to another person, usually in exchange for money or other property in the case of a sale, or in exchange for other rights in the case of a family law agreement. See "family law agreements," "ownership" and "sale."

Intentionally misleading someone else, whether by doing or not doing something; acting in a manner contrary to one's actual intention; failing to act honestly and openly. Also known by the Latin phrase male fides. See bona fides.

(1) A preliminary version of a document, (2) an order prepared following judgment and submitted to the court for its approval, or (3) to prepare, or draw, a legal document.

(1) A person for whom a trustee holds a trust, or (2) the recipient or intended recipient of property given in a will. See "heir" and "trust."

A person who holds property in trust for the benefit of another person. See "trust."

In law, (1) a piece of draft legislation presented to the legislature for its approval,or (2) a lawyer's statement of account for services rendered to their client. See "account," "act," and "lawyer's fees."

(1) In law, a requirement or obligation to honour and abide by something, such as a contract or order of the court. A judge's order is "binding" in the sense that it must be obeyed or a certain punishment will be imposed. (2) The principle that a higher court's decision on a point of law must be followed by a lower court. See "contempt of court" and "precedent."

A duty, whether contractual, moral, or legal in origin, to do or not do something. See "duty."

Acting in an honest, truthful, open, and fair manner, without the intent to deceive or defraud. Also known by the Latin phrase bona fide. See "bad faith."

Acting or not acting in a manner that is contrary to the terms of a contract. In family law, the breach of one party usually gives rise to a cause of action for the other party, allowing that party to sue for breach of contract, but the breach is unlikely to allow that party to treat the agreement as if it were cancelled or had been voided.

The short form for "Certificate of Pending Litigation." See "Certificate of Pending Litigation."

The provincial government agency responsible for maintaining written records of the ownership of real property in the province, together with a record of the encumbrances which may be registered against a property. See "Land Title Act" and "real property."

In law, a document demonstrating ownership of a thing. See "ownership."

A parcel of land including any buildings on that land. See "chattel," "ownership" and "possession."

A legal right to have and use a thing that is enforceable in court. See "possession."

Personal property; an item of property other than real estate. See "real property."

Chattels, goods, money; property other than real property. See "chattel" and "real property."

In family law, an antiquated term referring to child support and spousal support. See "child support" and "spousal support."

A regulation to the federal Divorce Act, adopted by every province and territory except Quebec, that sets the amount of child support a parent or guardian must pay, usually based on the person's income and the number of children involved.

Ownership of property without any debt, liens, or claims having been registered against the property. For example, owning a piece of land without a mortgage or a CPL on the property, or owning a car without a car loan. See "Certificate of Pending Litigation."

A sum of money or an obligation owed by one person to another. A "debtor" is a person responsible for paying a debt; a "creditor" is the person to whom the debt is owed.

Real property; a parcel of real property and the buildings upon it. See also "chattel," "ownership" and "possession."

The conditional transfer of the title to real property by an owner to another person in return for money given by that person as a loan, while retaining possession of the property. The party to whom title is given, the "mortgagee," usually a bank, is allowed to register the title of the property in their name if the person taking the loan, the "mortgagor," fails to make the required payments. See "encumbrance" and "real property."

The use of force or intimidation, whether emotional or physical, to compel another person to do something; interference with another person's freedom of choice to obtain an outcome, action, or behaviour.

A contract intended to resolve all or some of the legal issues arising from the breakdown of a relationship and intended to guide the parties in their dealings with one another into the future. A typical separation agreement is signed following a settlement reached through negotiation and deals with issues including guardianship, parenting arrangements, contact, support, the division of property, and the division of debt. See "family law agreements."

Living with another person, shacking up, living in sin, playing house. Cohabitation in a "marriage-like relationship" is necessary to qualify as a "spouse" under the Family Law Act. See "marriage-like relationship" and "spouse."

In family law, the quality of an unmarried couple's relationship that demonstrates their commitment to each other, their perception of themselves as a couple, and their willingness to sacrifice individual advantages for the advantage of themselves as a couple; a legal requirement for a couple to be considered spouses under the Family Law Act without marrying. See "cohabitation," "marriage," and "spouse."

An agreement to do something with one or more other people towards an illegal or harmful goal. In family law, the court must satisfy itself that there has been no collusion between the spouses as to the ground of divorce before a divorce order will be made.

(1) The legal principle under which courts are bound to follow the principles established by previous courts in similar cases dealing with similar facts, or (2) the system of justice used in non-criminal cases in all provinces and territories except Quebec.

In law, having the capacity, ability, or authorization to do a thing. A person who is competent to give evidence is sane and able to understand the issues and results of their evidence. A court that is competent has the authority to deal with the issues in a case and authority over the parties to that case.

With respect to courts, (1) the authority of the court to hear an action and make orders, (2) the limits of the authority of a particular judicial official, (3) the geographic location of a court, or (4) the territorial limits of a court's authority. With respect to governments, (5) the authority of a government to make legislation as determined by the constitution, or (6) the limits of authority of a particular government agency. See “constitution."

A judge's decision as to what the facts of a case are, based on the evidence they have heard and their evaluation of the credibility of the witnesses giving the evidence. See "conclusion of law," "evidence," "question of fact," and "witness."

A judge's decision as to how the law, including any relevant legislation or principles of the common law, should be applied to the facts of a particular case. See "common law," "conclusion of fact," "question of law," and "legislation."

To agree.

Happening or existing at the same time. Two courts with concurrent jurisdiction each have the jurisdiction to hear the same case and deal with the same legal issues.

Forgiving the wrongful or harmful act of another. In family law, condonation usually refers to forgiving an act of adultery or cruelty and the continuation of the parties' relationship as it had been before, often inadvertently ending the innocent spouse's ability to apply for a divorce based on the adultery or cruelty. See "adultery," "cruelty, mental or physical," and "divorce, grounds of."

Acts or omissions that are contrary to legislation, the common law, or that are immoral or unethical even if not necessarily contrary to a legal principle. See "lawful."

In family law, the physical, verbal, emotional, or mental abuse of one married spouse by the other. Proof of cruelty is grounds for an immediate divorce, providing that the other spouse has not forgiven the cruelty. See "condonation" and "divorce, grounds of."

A somewhat outdated term describing the rights resulting from marriage, including each spouse’s entitlement to the comforts of living together, eating at the same table, sympathy, mutual confidence, sex, and so forth. See "consortium."

Intentionally causing or permitting a wrongful act to happen to achieve a certain goal. In family law, a married spouse conspiring towards the adultery of the other spouse for the purpose of claiming adultery as a ground of divorce would qualify as connivance. A divorce will not be granted where connivance as to the ground of divorce relied on is found. See "adultery," "collusion," "condonation," and "divorce, grounds of."

Being related to another person by blood. For a marriage to be valid, the parties must not be within the prohibited degrees of consanguinity or adoption. See "marriage," "Marriage (Prohibited Degrees) Act" and "marriage, validity of."

(1) Agreement, or (2) the giving of permission for a thing to happen or not happen.

An order resolving all or part of a court proceeding, on an interim or final basis, that the parties agree the court should make.

The marital relationship between spouses, specifically the right of each spouse to the company and aid of the other. See "conjugal rights."

The agreement of two or more people to perform an unlawful act or to do a lawful act by unlawful means. A conspirator is a party to a conspiracy. See "lawful."

Conduct that is permitted both by the law. See "unlawful."

In law, the rules that set out the political and legal organization of a state. The power and authority of the governments, the legislative bodies, and the courts, as well as their limits, all stem from the constitution. In Canada, there are two primary constitutional documents, the Constitution Act, 1867 and the Constitution Act, 1982. The Charter of Rights and Freedoms is part of the Constitution Act, 1982.

In law, the interpretation of something, like a document or a set of circumstances, so as to give it meaning. For example, if a separation agreement stated that one guardian "will have the children on Monday, Tuesday, and Friday" but didn’t say anything about the other guardian, the agreement would be constructed to mean that the other guardian would have the children on the days that weren't mentioned.

In family law, the finding by a court that a person holds a portion of their assets for the benefit of the other party without an express agreement to that effect between the parties. See "resulting trust," "trust" and "unjust enrichment."

In law, a form of possession of property in which a "trustee" keeps and manages property for the benefit of another person, the "beneficiary," without owning that property and usually without acquiring an interest in that property other than as payment for their services. The trustee holds the property in trust for the beneficiary. See "constructive trust," "ownership," "possession" and "resulting trust."

A legal remedy when money, services, or other benefits are unfairly received by one person at a corresponding loss to the person providing the money, services or benefits. See "constructive trust."

Doing something or failing to do something that impairs the administration of justice or respect for the court’s authority, such as bribing a witness, disobeying a court order, or misleading the court. Contempt of court can be a civil offence as well as a criminal offence.

A person with direct, personal knowledge of facts and events relevant to the issues before the court; a person giving oral evidence in court on oath or affirmation as to the truth of the evidence given. See "affirm," "evidence," "oath" and "opinion evidence."

The branch of law dealing with the interpretation and enforcement of contracts. The principles of contract law are usually, but not always, applicable to family law agreements.

In a court proceeding for divorce, this term refers to all relief claimed under the Divorce Act apart from the divorce order itself, specifically claims for parenting orders, child support orders and spousal support orders. See "action" and "relief."

In family law, an antiquated term used by the old Divorce Act to describe the right to possess a child and make parenting decisions concerning the child's health, welfare and upbringing. Replaced in the new Divorce Act with the term decision-making responsibility." See "access," "decision-making responsibility" and "parenting time."

In law, a calculation of the allowable legal expenses of a party to a court proceeding, as determined by the Supreme Court Family Rules. The party who is most successful in a court proceeding is usually awarded their "costs" of the proceeding. See "account," "bill of costs," "Certificate of Costs or Expenses" and "lawyer's fees."

The mandatory guidelines governing the court process and the conduct of litigation generally. Each court has its own rules of court.

Normally referred to as the "Supreme Court of British Columbia," this court hears most of the trials in this province. The Supreme Court is a court of inherent jurisdiction and has no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court" and "Supreme Court of Canada."

A promise to do or not do a particular thing. See "contract," "family law agreements," and "separation agreements."

The portion of a trial where a party asks questions of a witness presented by the other party in order to challenge the witness’s recollection and truthfulness. The questions asked of the witness must be relevant to the issues and may be leading, that is, the questions may suggest their answers, for example "You didn't get home until 2:00am, did you?" See "examination-in-chief," "evidence," and "leading question."

A term used by the old Divorce Act when both spouses have custody of a child, giving both the right to make parenting decisions concerning the child's health, welfare, and upbringing, but not necessarily requiring or implying that the spouses have equal or near-equal amounts of time with the child. See “access," "custody" and "decision-making responsibility."

An award of money payable by one party to a court proceeding to another, usually as compensation for loss or harm suffered as a result of the other party’s actions or omissions. In family law, damages are usually awarded to one party in compensation for breach of contract or spousal abuse. See "breach of contract" and "tort."

A mandatory direction of an arbitrator, binding and enforceable upon the parties to an arbitration proceeding, made following the hearing of the arbitration trial proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to challenge or appeal the award in court. See "appeal," "arbitration," and "family law arbitrator."

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."

A judge's conclusions after hearing argument and considering the evidence presented at a trial or an application; a decision, the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as the judge's findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusion of law," "finding of fact" and "final judgment."

(1) To make an assumption that one thing follows logically from another, (2) a presumption of a fact based on the existence of other facts, or, sometimes, (3) a presumption of a fact required by law, such as the presumption that a respondent who files a Response to Family Claim has been served with the Notice of Family Claim.

(1) Information which establishes or tends to establish the truth of a fact, or (2) the conclusion of a logical argument. See "evidence" and "premises."

In law, failing to do something which is either optional or mandatory, such as failing to respond to an application or to a claim within the time limits set out in the rules of court. See "default judgment."

(1) A reply, a rebuttal, an answer to a court proceeding or an application, or (2) a statement as to why a particular claim or application should not succeed.

In law, defending a claim by denying the truth of a fact supporting the claim; a rejection of the truth of facts alleged.

In family law, the abandonment of one married spouse by the other. This is an old ground of divorce that has been replaced in the modern Divorce Act with simple separation for a period of at least one year. See "divorce, grounds of" and "separation."

A process in which a divorce order, with or without corollary relief, is obtained following the respondent's failure to defend the claim for divorce by filing a Response to Family Claim. A desk order divorce does not require a hearing in court and is the cheapest way to obtain a divorce order. See "corollary relief" and "divorce."

In law, a legal incapacity to do certain things, like enter into a contract or start a court proceeding. Legal disabilities include insanity and being under the age of majority. See "age of majority."

A step in a court proceeding in which a party may demand that the other party produce specific documents and submit to a cross-examination, on oath or affirmation, outside of court before trial. This process is regulated by the rules of court. The purpose of this step is to encourage the settlement of court proceedings and to make sure that each party knows what the other party's case will be at trial. See "examination for discovery."

In law, the right to have the control and use of a thing. One can have a right to the possession of a thing without owning it, as in the case of a car lease, or ownership without possession, as in the case of a landlord who rents an apartment suite. See "ownership."

In law, a judge’s decision (1) not to grant a claim or (2) to reject a court proceeding with or without trial. An application that is dismissed has been rejected by the judge. See "application."

(1) The place where one has one’s permanent home, where one lives most of the time, or, sometimes, (2) the place where one intends to have a permanent home. A party's domicile may have an impact on the jurisdiction of the court to hear a court proceeding, deal with certain claims made in a court proceeding, or determine the applicable law for dividing up property and debt. See "jurisdiction" and "residence."

The entitlement of a wife to a portion of her husband’s estate on his death under the common law. This right is extinguished in British Columbia and is replaced by the provisions of the Wills, Estates and Succession Act that give a surviving spouse certain rights to share in the estate of the deceased spouse.

In law, all of the personal property and real property that a person owns or in which they have an interest, usually in connection with the prospect or event of the person's death.

In some legal systems, (1) the real property and personal property brought into a marriage by a wife, or (2) the property given to a wife by her husband in return for her marriage to him. There is no legal entitlement to dowry in Canada, agreements for the payment of dowry will not normally be enforceable. See "chattels" and "real property."

Forcing someone to do something through psychological or emotional pressure; a defence to the enforcement of a contract. If, for example, a separation agreement was entered into under duress, that may be a ground to dispute or apply to set aside that agreement.

In law, a legal obligation to do or not do something, whether under the common law or pursuant to legislation. See "act" and "common law."

A legal right, usually to payment of a debt, that is secured by registration of the right on the title of property. For example, a mortgage is secured against the title of real property and is registered as an encumbrance on title. See "Certificate of Pending Litigation," "clear title" and "real property."

In family law, the act of intentionally causing a wife to leave her husband or intentionally interfering with a married couple's consortium, formerly a common law cause of action. The Family Law Act expressly forbids legal actions based on enticement, which is too bad, really. See "cause of action," "conjugal rights" and "consortium."

A ground of appeal based on a claim that the trial judge did not apply the law correctly in reaching their decision. This is the most common ground of appeal. See "appeal" and "error of fact."

Oral evidence given by a witness in court or in an affidavit under the witness's oath or affirmation as to the truth of the statement. See "affirm," "evidence," "oath" and "witness."

The portion of a trial where a party asks questions of their own witnesses to elicit evidence of certain facts. The questions asked of the witness cannot be leading, that is, the answer cannot be suggested in the question. For example, "What colour is your car?" rather than "Your car is blue?" See "cross-examination" and "evidence."

The cross-examination of a party, under oath or affirmation, about the issues in a court proceeding conducted prior to trial. An examination for discovery is held outside court, with no one in attendance except for the parties, the parties' lawyers, and a court reporter. The court reporter produces a transcript of the examination, which may, in certain circumstances, be used at trial. See "discovery."

In contract law, to complete or accomplish; to complete the legal formalities necessary to give a document effect. One "executes" a separation agreement, for example, by signing it in the presence of a witness.

Opinion evidence given by an expert at trial, orally, in an affidavit or in a formal report. Opinion evidence is a statement about what a witness thinks or believes, rather than something personally known as a fact, and is generally not admissible at trial except when the opinion is provided by an expert. A person presented as an expert witness must be approved by the court as a qualified expert in their field. In family law, experts typically called to give evidence include accountants, business valuators, doctors, and psychologists. See "evidence" and "witness."

An agreement between two or more persons about family law issues that have arisen or may arise, dealing with their respective rights and obligations to one another, which the parties expect will be binding on them and be enforceable in court. Typical family law agreements include marriage agreements, cohabitation agreements and separation agreements.

A legal relationship between two persons, whether of the same or opposite genders, that is solemnized by a marriage commissioner or licenced religious official and gives rise to certain mutual rights, benefits, and obligations. See also "conjugal rights," "consortium," and "marriage, validity of."

A legal document required by the rules of court in which a party to a court proceeding involving child support, spousal support, the division of property, or the division of debt must describe their income, expenses, assets, and liabilities under oath or affirmation. The Provincial Court Family Rules and the Supreme Court Family Rules each have a form called Financial Statement. See "affirm," "oath," and "perjury."

A court established and staffed by the provincial government, which includes Small Claims Court, Youth Court, and Family Court. The Provincial Court is the lowest level of court in British Columbia and is restricted in the sorts of matters it can deal with. It is, however, the most accessible of the two trial courts and no fees are charged to begin or defend a family law proceeding. The Family Court of the Provincial Court cannot deal with the division of family property or any claims under the Divorce Act. See "Divorce Act," "judge" and "jurisdiction."

A conclusion made by a judge which decides a point of law or a fact in dispute.

A judge’s conclusion about the facts in a court proceeding, made after hearing all the evidence. See "decision," "error of fact" and "question of fact."

In law, a particular court or level of court, sometimes used in reference to the court's jurisdiction over a particular issue.

(1) In contract law, the inability to complete or fulfill a contract, whether intentional or unintentional, or (2) the intentional interference with a person's rights under a contract or court order. (3) In family law, the motivation behind an application for annulment based on non-consummation of the marriage. A contract that cannot be completed or fulfilled is said to be "frustrated."

Steady work for pay. In family law, a dependent spouse usually has a duty to find gainful employment and become self-sufficient following the breakdown of a relationship. Under certain circumstances, a failure to find gainful employment, or to take reasonable steps toward finding gainful employment, may justify the termination of spousal support. See "dependent" and "spousal support."

In law, a person who relies on someone else for their support and the necessities of life. See "child," "child support," and "spousal support."

A voluntary transfer of property from one person to another, without expectation of payment or reward. Gifts to one spouse do not usually qualify as family property, and are excluded from the pool of property to be divided. See "donee," "donor," "excluded property" and "family property."

(1) A person charged with the legal care of someone under a legal disability. (2) A term under the Family Law Act referring to a person, including a parent, who is responsible for the care and upbringing of a child through the exercise of parental responsibilities. See "disability," "parental responsibilities" and "parenting time."

Evidence of which a witness has no direct, personal knowledge. For example, evidence to the effect that “Pierre told me that Mitsou trashed the car” or "Mitsou told me she trashed the car" are both hearsay. Hearsay evidence is not usually admissible. There are a number of exceptions to the general rule against hearsay, the most important of which allows hearsay evidence in interim applications as long as the source of the hearsay information is identified. See "affidavit," "application," "evidence" and "witness."

In wills and estates law, (1) the people intended or expected to receive property or other benefits under a will, or (2) a person's direct lineal descendants. See "executor" and "will."

(1) To make good financial loss or harm suffered by another, or (2) to repay someone for expenses they have incurred.

A person not yet of the age of majority, a minor, a child. See "age of majority," "child" and "disability."

A person who is younger than the legal age of majority, 19 in British Columbia. Not to be confused with "miner," which means something else altogether. See "age of majority."

Real property or personal property received as a result of the provisions of a will or under the Wills, Estates and Succession Act. Inheritances do not usually qualify as family property subject to division between spouses. See "family property," "real property" and "will."

A court order that someone not do or cease doing a thing; a restraining order. In family law, injunctions are often sought, for example, to stop someone from removing the children from a place, from disposing of assets, or from harassing someone. See "application" and "ex parte."

An order which forbids a party from doing or not doing a thing. In family law, common restraining orders include stopping someone from travelling out of an area with the children, stopping someone from disposing of property, and stopping someone from harassing someone else. See "ex parte," "order" and "protection order."

A biological or birth parent of a child, as opposed to an adoptive parent or a stepparent. See "adoptive parent" and "stepparent."

The right of a party to a court proceeding to look at and copy documents held by the other party that relate to any issues in the proceeding; part of the discovery and production process. See "disclosure" and "discovery."

In law, the directions given by a client to their lawyer about either the conduct of their affairs or a court proceeding.

An application, also called an "interlocutory application," made after the start of a court proceeding but before its conclusion, usually for temporary relief pending the final resolution of the proceeding at trial or by settlement. In family law, interim applications are useful to determine issues like where the children will live, who will pay child support, and whether spousal support should be paid on a rough and ready basis. See "application" and "interim order."

A term under the Family Law Act which describes the arrangements for parental responsibilities and parenting time among guardians, made in an order or agreement. "Parenting arrangements" does not include contact. See "contact," "guardian," "parental responsibilities" and "parenting time."

Literally, “between speaking,” refers to interim applications brought after the start of a court proceeding but before its conclusion. See "interim application" and "interim order."

Written questions given by one party to a court proceeding to the other that must be answered in affidavit form; part of the discovery process. See "discovery."

Dying without a will. In such circumstances, the distribution of the dead person’s estate is governed by the Wills, Estates and Succession Act. See also "estate," "inheritance" and "will."

A phrase used to indicate secondary relief or a secondary ground of relief in a claim or application, usually presented as an option to the primary relief or primary ground of relief. See "alternative," "motion," "pleadings" and "relief."

A phrase describing how property is held by one person for the benefit of another person who is ultimately entitled to the use or proceeds of sale of that property. Money held in trust is held in a lawyer's bank account on behalf of a client, on the lawyer’s promise not to use that money except as may be agreed.

A bank account owned by more than one person, normally with an equal entitlement to deposit or withdraw, with or without the consent of the other account holders.

A form of property co-ownership in which each joint tenant has a right of ownership of the whole property that is indistinct from the ownership rights of the other joint tenants. In other words, each joint tenant has a right to the whole property. See "tenancy in common."

A judge's decision that finally determines some or all of the claims in a court proceeding, following which there is no other recourse open to a dissatisfied party except an appeal. See "decision."

A court official appointed by the provincial government with limited decision-making authority and jurisdiction, usually charged with managing court schedules, the terms of release of arrested persons, and other administrative tasks with a discretionary element. See "judge" and "jurisdiction."

The money charged by a lawyer to their client for the lawyer's services, usually pursuant to the terms of the lawyer's retainer agreement. Most family law lawyers bill by the hour with a premium for success or the difficulty or novelty of the case. A lawyer's bill may include "disbursements," costs incurred by the lawyer for such things as courier fees, court fees, or photocopying expenses. See "account" and "Certificate of Fees."

(1) The act of hiring of lawyer, (2) the money paid to a lawyer to secure their services, or (3) the terms and extent of a lawyer's services on behalf of a client.

An agreement that requires payment for the use of property, under which the owner of property, like a car or an apartment, gives up the right to occupy and use that property in exchange for a sum of money. A "lessor" is the person who retains ownership of the property and receives money for its use. A "lessee" is the person who purchases the right of possession and use of the property.

In real property law, the full formal identification of a particular piece of property by its lot number, district lot number, block number, plan number, and land district, rather than by its street address. See "Land Title and Survey Authority," "PID," and "real property."

(1) The power of a government to create and change written laws governing things, people, and places, or (2) a right of the provincial and federal governments to propose, enact, and enforce laws derived from the Constitution. See "act" and "constitution."

To terminate or revoke a contract or agreement. See "contract" and "family law agreements."

A party to a court proceeding, such as an appellant, an applicant, a claimant or a respondent. See "action."

A party to a court proceeding who is not represented by a lawyer and acts on their own behalf, also referred to as a litigant without counsel, a self-represented litigant, and a pro se litigant. "Lay" in this context means without professional training. See "action," "lawyer" and "litigant."

Since January 2024, these provincially-appointed judicial officials of the BC Supreme Court are now called associate judges. They serve a similar role as justices of the BC Supreme Court, but have limited jurisdiction. Associate judges are usually charged with making interim decisions before final judgment in a court proceeding, and certain decisions after final judgment, including the assessment of lawyers' bills and the settling of bills of cost. See "interim application," "judge" and "jurisdiction."

In law, something that is relevant or important. A material fact, for example, is a fact relevant to a claim or a defence to a claim. See "claim," "evidence" and "fact."

In family law, the dwelling occupied by a family as their primary residence. See "family property" and "real property."

A person named in a court proceeding or joined to a proceeding who is neither the claimant nor the respondent. A third party may be joined to a proceeding where the respondent believes that the person has or shares some responsibility for the cause of action. See "action," "cause of action" and "party."

A document setting out the essential terms of a settlement reached between two or more people resolving a legal dispute, often used as a guide to the preparation of a formal final agreement or final order to be made with the consent of the parties. See "consent order" and "family law agreements."

A document setting out the essential terms of an agreement reached between two or more parties to a court proceeding, produced after negotiations and signed by the parties and their lawyers. Minutes of settlement are normally used as a guide to the preparation of a formal final agreement or final order, and are often attached to that agreement order as a schedule. See "consent order," "family law agreements," "litigant" and "order."

Acts or words tending or intended to give a misleading or false impression as to the true state of affairs. See "bad faith."

(1) In law, an unintentional act or failure to act arising from a misunderstanding of the true state of affairs, from ignorance, or from an error not made in bad faith. (2) In contract law, an unintentional misunderstanding as to the nature of a term agreed to in a contract that may justify setting aside all or part of the contract. See "bad faith" and "contract."

In law, an application to the court for an order, usually brought after the commencement of a court proceeding but before its conclusion by trial or settlement; an interim application. See "action," "interim application," and "order."

A legal document required under the rules of British Columbia's Supreme Court and Court of Appeal which is used to give notice of a party's intention to appeal a decision. See "appeal" and "decision."

A legal document required by the Supreme Court Family Rules to bring an interim application, setting out the relief claimed by the applicant, the grounds on which that relief is claimed, and the date on which the application will be heard. See "applicant," "grounds," "interim application" and "relief."

In contract law, the expression, either orally or in writing, of a willingness to be bound by a proposed agreement, contract, or settlement. See "offer to settle."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

A proposal made by one party to the other, prior to the trial of a court proceeding (or its conclusion) or the hearing of an application, setting out the terms on which the party is prepared to settle the trial or application. Offers to settle can have important consequences with respect to costs if the offer is close to what the judge decides following the trial or hearing, but must be clear and precise, and contain certain language required by the Supreme Court Family Rules. See "costs."

Any official of the court, including court clerks, sheriffs, lawyers and judges.

In law, a failure to do something, whether the failure was intentional or unintentional.

The power of superior courts to (1) make decisions and orders in absence of specific legislative authority, (2) maintain their authority, and (3) take steps to prevent their processes from being obstructed and abused. The superior courts of British Columbia are the Supreme Court and the Court of Appeal. See "parens patriae jurisdiction."

A scientific test performed to determine the biological parentage of a child, usually by the genetic testing of the blood or saliva of the alleged parents and the child.

A person having a duty to enforce the law as a result of their position or employment, including municipal police officers as well as RCMP officers, sheriffs, customs officers and mayors, among others.

Relating to money, which is exactly what someone who is "impecunious" doesn't have a great deal of. See "indigent."

Intentionally lying to the court while giving evidence under oath or affirmation, including lying in a document made on oath or affirmation, such as an affidavit or a Financial Statement. This is a criminal offence and may also be addressed by the court through its powers to punish for contempt. See "contempt of court."

A court form required by the Supreme Court Family Rules used to commence court proceedings that can be dealt with in the manner of an application, without the need for a protracted process of disclosure and discovery. See "action," "application," "disclosure" and "discovery."

The person against whom a court proceeding has been started by Petition. See "Petition."

(1) A historical decision of the courts, or (2) the principle that such historic decisions of the court are binding on subsequent judges hearing cases of a similar nature or with similar circumstances. (3) The term may also refer to templates or sample documents used to draft new documents. See "common law."

(1) In real property law, a piece of property and a building situated on it, usually including the area of the property surrounding a building on that property. (2) In law generally, a premise is an assumption that founds a logical argument. See "argument" and "real property."

In law, (1) the duty a lawyer has to keep their client’s information confidential, including communications between the lawyer and client and advice given to the client, or (2) the client's right to have their confidential communications kept secret and protected from disclosure. See "lawyer."

To set aside or vacate an order, direction, decision or judgment. See "action," "dismiss" and "order."

In law, the decision of a court to set aside or quash an earlier decision or order, sometimes as if the original order had never been made, and other times effective only as of the date the order is vacated. See "appeal," "decision" and "quash."

An issue arising where the parties disagree about a fact relevant to a court proceeding, when only one party can be right. A court's decisions about the facts of a case are called the court's findings of fact. See "finding of fact."

An issue about which law should be applied to determine a court proceeding or about how the law should be applied in a proceeding. A court's decision about which law applies or how it should be applied is a finding of law. See "finding of law."

A judge’s conclusion about the law to be applied to the facts in a court proceeding, or how the law should be applied to the facts in a proceeding, made after hearing the parties' arguments on the applicable law. See "decision," "error of law" and "question of law."

In law, to reply to an argument, a statement of fact, or a legal presumption by presenting argument or evidence to the contrary, or evidence which tends to disturb a presumption.

A central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched and reviewed.

A kind of legislation that provides supplemental rules for a particular act. Regulations are created and amended by the government, not by the legislature, and as a result the legislature has no say in how or what regulations are imposed by government. See "act."

In family law, the finding by a court that a party holds all or a part of their property in trust for someone else as a result of the parties' intention to make a trust; a trust relationship inferred by operation of law. See "constructive trust" and "trust."

In law, the delivery of a legal document to a party in a court proceeding in a manner which complies with the rules of court, usually by physically handing the document to the party and verifying their identity. Personal service is usually required for the proper delivery of the pleadings that are used to start a proceeding to ensure that the party is given proper notice of the proceeding and the opportunity to mount a defence. See also "ordinary service," "pleadings" and "service, substituted."

Sending legal documents to a party at that party's "address for service," usually by mail, fax, or email. Certain documents, like a Notice of Family Claim, must be served on the other party by personal service. Most other documents may be served by ordinary service. See also "address for service" and "personal service."

Personal service performed in a way other than required by the rules of court, as authorized by the court. If a respondent cannot be served for any reason, such as if they are hiding or refusing service, the court may allow a claimant to serve the other party "substitutionally" by means such as placing an ad in the legal notices section of a newspaper's classified ads or posting the document in the court registry. See "personal service."

The right of a person to bring a particular claim under a particular act before a particular court. In most cases, someone who does not have a direct interest in a dispute will lack standing to be a party in a proceeding.

A legal document, issued by the court or by a party pursuant to the rules of court, which compels a person to attend court to give evidence as a witness, and, sometimes, to produce a specific document. Failure to obey a subpoena may constitute contempt of court. See "contempt of court," "evidence" and "witness."

A document endorsed by an associate judge or registrar stating the amount a client owes to their lawyer, issued following a hearing to "assess" or "tax" a lawyer's bill and determine what portion of the lawyer's bill was reasonable and is properly owed to or refundable by that lawyer. See "account."

A kind of co-ownership of property in which two or more owners have distinct, separate shares in the common property. A tenant in common may choose to sell or mortgage their share of the property independently from other owners. See "joint tenancy."

In estate law, a person who has made a will. The feminine form of this word is "testatrix," which is pretty cool. See "estate" and "will."

To give up a right or entitlement, or the opportunity to assert a right or enforce an entitlement. See "release."

In law, intentionally or unintentionally allowing the value of a piece of property to diminish through carelessness, neglect, or purposeful harm.