arguably reasonable, a standard of proof normally reserved for criminal cases that requires prosecutors to prove that the defendant committed the unlawful act, unless a reasonable person doubts that the act was committed This online legal dictionary was created by Legal Aid Alberta. The definitions are listed alphabetically and any terms you need in your dealings with Legal Aid Alberta receive a second definition that is specific to how they relate to the LAA. Notice of hearing: Notice from the HRTO to parties informing them of the date, time and location of their hearing. In the case of a hearing, it also contains information on the time limits for the disclosure of documents and witnesses by the parties. Also known as confirmation of hearing. See HERO Rule 1.4. Retrial doctrine: A common law doctrine designed to prevent the repetition of the same legal claim between the same parties. In exceptional cases, the principles of fairness may allow for the repetition of the dispute. Also known as res judicata, the Latin term for a question already evaluated and decided. See section 45.1 of the Code.

Duty to investigate: Under the Code, a party has a legal obligation to investigate allegations of harassment and discrimination based on a prohibited ground of discrimination. For example, an employer`s failure to adequately respond to and investigate a complaint of discrimination or harassment under the Code may result in damages and other remedies being awarded to the HRTO. Cost accounting: Document indicating the amount owed by one party to another for legal costs incurred in legal proceedings, calculated on the basis of the tariff established by the Civil Code. There is no fee for the HRTO, but there are costs for applications for judicial review in Divisional Court. Declaration: A declaration is a formal declaration in a document. In the case of the HRTO, for example, a declaration is required to become a litigator for a party who does not have legal capacity. See HRTO Rule A10. Doctrine of contractual impediment A legal doctrine that allows contracting parties to be released from contractual obligations because an event beyond their control occurs and prevents them from performing the contract Guiding mind: The legal doctrine that if a person acts as a company, that is, if his mind is the guiding mind and the will of the company, Then, his level of knowledge and state of mind can be attributed to the company and the company can be held responsible for his actions and omissions. Judicial review: A request by which a court determines whether an administrative tribunal has lawfully acted in dealing with a case. A court would generally consider the appropriateness of its decision, for example by determining whether it had the power to decide or whether it exercised that power on the basis of appropriate principles of law. In Ontario, judicial reviews are heard by the Divisional Court.

Dispute Server: A person who serves legal documents such as documents, subpoenas, or audit notices, usually in person or through a manual delivery service. In HRTO proceedings, litigation servers are often used to enforce HRTO orders in court. Observations: Submissions are the legal argument for why a party believes a court should rule in its favour. Submissions may be oral or written and usually contain references to the applicable facts and legal principles, which are often presented at the end of the hearing after all the evidence has been presented. Fraud 1. wilful misrepresentation resulting in harm to others; also called deception; 2. false or misleading accusations for the purpose of inducing others to part with something of value or to waive a legal right; 3. A tort and/or tort based on deception with a view to winning without prejudice: a rule of law which, in general, prevents statements made in a sincere attempt to resolve an existing dispute from being submitted to the court as evidence against the interest of the party who made them. Negotiations to settle a case are often conducted “without prejudice” between the parties.

Request for consent: A request for consent is a voluntary agreement between two or more parties to a dispute. It has the same legal effect as a court order and can be enforced if a party fails to comply with the order. See subsection 45.9(2) of the Code. Settlement Protocol: A written legal document setting out the specific terms under which the parties have agreed to settle a claim. Memoranda of Understanding are often reached during mediation or a mediation decision at the HRTO. A settlement means that the parties agree not to have the HRTO`s application decided at a hearing. Opening statement: A written statement by a party or representative at the beginning of a court hearing setting out a party`s position on the issues raised in the dispute. The HRTO may, but is not obligated to, authorize a statement of commencement at a hearing of an application under the Code. documents filed with the Tribunal by the parties to the proceedings, setting out the facts relied on and specifying the issues or matters to be decided by the Tribunal, including the remedies sought; the basic documents that make up the minutes of the case in court.

Irreparable harm: A legal concept that states that the nature of the damage threatened or suffered cannot be corrected by financial compensation or that conditions cannot be reset as they are. Part of the HRTO`s legal review when deciding whether to order an interim appeal or to order a stay of one of its injunctions. the costs that the Tribunal may award to a successful party at the discretion of the Tribunal in accordance with the Schedule or Schedule of Fees determined by the Tribunal for the proceeding concerned. Costs may be awarded at the hearing of an application, application or court hearing. They are intended to allow for substantial reimbursement of the prevailing party`s legal fees. Costs: A court may order that the losing party in a dispute pay part of the prevailing party`s legal costs. Costs cannot be awarded to the HRTO, but can be awarded in court, e.g. in the case of applications for judicial review.

disclosure of documents to the opposing party (and sometimes to the court) prior to the proceedings; In criminal law, the documentation on which the prosecutor relies to prove the charge against the defendant Witness: A witness is a person who, voluntarily or under duress, testifies in court, orally or in writing, what he or she knows or claims to know about the events that led to the litigation. Fee waiver: The process in which a request can be made to have fees for court appearances waived on the basis of financial justification. Fees are usually payable to the courts to initiate civil suits, file documents, schedule a hearing, or enforce a judgment or order. A court will review your financial situation and decide if you qualify.