Glossary

A plain-language legal glossary

The law has its own vocabulary — and it can be intimidating. Here, in plain words, are the terms you may run into along the way.

Definitions

These definitions are general and simplified. They are not legal advice, and a term's precise meaning can vary with context and jurisdiction.

Legal aid

A public service that provides free or low-cost legal services to eligible people, based on income. In Québec, legal aid covers certain civil, criminal and administrative matters.

Appeal

A procedure that asks a higher court to review a lower court's decision. It isn't a re-run of the trial: you challenge errors of law or of assessment.

Legal advice

A legal professional's opinion about your specific situation and what you should do. Only a member of a professional order (lawyer, notary) can give it. General information, like the content on this site, is not legal advice.

Limitation period

The limited time you have to bring a claim. Once it expires, the right to act is generally extinguished. That's why you should act early and check the period that applies to your situation.

Plaintiff / Defendant

The plaintiff is the person who starts a lawsuit or files an application before a court. The defendant is the person the claim is directed against.

Bailiff

A court officer responsible for, among other things, serving (officially delivering) legal documents and carrying out certain court decisions, such as a seizure.

Inadmissibility

A court's dismissal of a claim without examining its merits, because a procedural or formal condition isn't met (for example a missed deadline or a lack of legal interest). The claim isn't judged “on the merits”: it's set aside at the outset.

Whistleblower

A person who reports, in good faith, wrongdoing (fraud, corruption, danger to the public) within an organization. Laws provide protection against reprisals, under certain conditions.

Mediation

A way of resolving disputes where a neutral person, the mediator, helps the parties reach their own agreement without imposing a decision. It's often faster and cheaper than a trial.

Formal notice (demand letter)

A formal letter requiring a person to meet an obligation (pay, repair, stop a behaviour) within a set time, failing which legal proceedings may follow. It's often the first official step in a dispute.

Contempt of court

Disobeying a court order or interfering with the proper course of justice. Contempt can lead to sanctions, including a fine or imprisonment.

Evidence

The materials (documents, testimony, photos, emails) presented to establish the facts before a court. Generally, the person asserting a fact must prove it.

Recourse

The legal means by which a person asserts a right or seeks redress — for example a lawsuit, a complaint, or an application to an administrative tribunal. To “have recourse” is to have a path of action provided by law.

Class action

A procedure that lets one person sue on behalf of a large group who suffered similar harm, for example against a company. A single decision then applies to the whole group.

Reprisals

Negative measures taken against a person because of a protected act they performed — for example firing or demoting an employee for reporting wrongdoing. Several laws prohibit reprisals.

Representation

Being accompanied and defended by a lawyer before a court or in a negotiation. You can also represent yourself, but a professional's help is often valuable.

Service (of documents)

The official delivery of a legal document to a person, often by a bailiff, so they are informed of a proceeding that concerns them and the deadlines begin to run.

Administrative tribunal

A specialized body that decides disputes between citizens and the State or certain agencies (for example in housing, employment or benefits). In Québec, the Administrative Housing Tribunal is one example.

Small claims

A simplified division of the Court of Québec where you can claim a limited amount of money without being represented by a lawyer. The procedure is designed to be accessible to people on their own.

Latent (hidden) defect

A serious, non-apparent defect in property (for example a house) that existed at the time of purchase and that the buyer could not detect. It may give rise to a claim against the seller.