Some Important Legal Terms

A person who speaks on another’s behalf. 

 A written statement made by a person (called a deponent) who voluntarily signs it and swears or affirms that its contents are true to the best of his or her belief. 

The breaking of a contractual obligation or promise. A breach entitles an injured party to damages. 

 When the lawyer’s interest conflicts with a client’s interest or when two clients’ interests collide. 

Providing an institution with documents. Court filings are documents filed at the court, usually for a fee. 

 Independent Legal Advice – Advice from a lawyer about the services a client received from another lawyer. This advice is needed if one lawyer is acting for two clients who have a potential conflict of interest. 

 A decision of a court or tribunal at the completion of a legal proceeding. 

The date beyond which a person can no longer seek a legal remedy. A person may not be able to bring a lawsuit after a certain time has expired.

The process in which both parties, with or without lawyers, meet with a neutral third-party mediator to try to solve their dispute. The mediator does not decide; the parties must reach agreement together. The mediator does not decide, but only facilitates the discussion between the parties; the parties must reach agreement together. 

A direction or command. A court order is a command made by the court directing the parties to do something. It is issued by the court on completion of a hearing or trail and is legally binding on the parties to the litigation. 

 An instrument which empowers one person to act for another, usually in specific situations. 

A written statement by the plaintiff in a lawsuit stating the facts upon which he or she will rely in support of a claim against a defendant. 

There are two types of beneficiaries. The first is the Residual Beneficiary who receives all or part of the estate. The second type is the Non-Residual Beneficiary who receives a specific gift 

 The moral principles that govern a person's behavior or the conducting of an activity. 

 The quality of being fair and impartial. 

 Someone who manages money or property for someone else. When you're named a fiduciary and accept the role, you must – by law – manage the person's money and property for their benefit, not yours. 

A Court appointed substitute decision-maker for a represented adult. The guardian may make decisions for the represented adult in some or all areas of personal decision-making except for financial matters. 

A person who dies without a will. 

The support offered to our clients before, during and after retaining our services which enhance an easy and enjoyable experience with us.  

 An individual appointment by the Attorney General of the province they practice in to provide certain services prescribed by statute. 

The executor or administrator of an estate appointed in a will, or an administrator appointed by the court 

A court application made to prove a will so the executor can carry out his or her duties. The legal definition of probate is “The court process by which a will is proved valid or invalid. The legal process wherein the estate of a decedent is administered.” 

 An individual or corporation named by an An individual, who sets aside property to be used for the benefit of another person, to manage the property as provided by the terms of the document that created the arrangement 

Law which with the transition of wealth from one generation to another, the duties of the person chosen to administer a deceased person's estate and the rights of persons intended to receive the assets of that estate.