Court Terms

If you received a Statement of Claim, a Notice of Motion, or a subpoena, you need to know what it means and what you must do — and by when. Missing a deadline in court is not a technicality. It can end your case. This guide explains the terms you will encounter in Canadian courts, in plain language, with jurisdiction-specific details.

How Canadian Courts Are Organized

Canada has two parallel court systems: federal and provincial. Most civil and criminal cases are heard in provincial courts. Federal courts handle specific matters — immigration, intellectual property, and federal administrative law.

The court hierarchy:

Court name changes: After the death of Queen Elizabeth II in September 2022, Alberta, Manitoba, New Brunswick, and Saskatchewan renamed their superior courts from "Court of Queen's Bench" to "Court of King's Bench." Older documents may use either name — they refer to the same court.

Quebec: The Superior Court of Quebec handles civil matters over $85,000. The Court of Quebec handles matters up to $85,000. The Small Claims Division handles claims up to $15,000, and lawyers are not permitted to represent parties there.

Who Is Who in a Canadian Court Case

The names used for the parties depend on the type of proceeding.

Court officers you may encounter:

• Judge — Presides over the hearing, makes rulings, and delivers judgment
• Justice of the peace (JP) — Handles bail hearings, traffic matters, and some provincial offences; not a full judge
• Registrar / Court clerk — Manages court files, schedules hearings, accepts filed documents
• Sheriff — Enforces court orders, manages courtroom security, serves documents in some provinces
• Master — In Ontario and BC, a judicial officer who hears procedural motions in civil cases without a full judge

Court Documents: What Each One Means

Statement of Claim — The document that starts a civil lawsuit in superior court. It sets out the facts the plaintiff relies on and the remedy they are seeking. In Ontario, the defendant has 20 days to file a Statement of Defence if served in Ontario, or 40 days if served outside Ontario.

Statement of Defence — The defendant's written response to the Statement of Claim. It admits or denies each allegation. Failing to file a defence can result in a default judgment against you — a court order for the full amount claimed, without a hearing.

Notice of Application — Used when a party seeks a court order without a full trial — for example, in family law applications or judicial review. The respondent files a Notice of Appearance in response.

Affidavit — A written statement of facts, signed under oath before a commissioner of oaths or notary public. Lying in an affidavit is perjury under s. 131 of the Criminal Code. Affidavits are used in almost every type of proceeding.

Factum — A written legal argument filed with the court. It sets out the facts, the legal issues, and the party's position. Required for most motions in Ontario Superior Court and for all appeals.

Order — The court's formal decision on a motion or application. An order is binding and enforceable. Disobeying an order is contempt of court.

Judgment — The court's final decision after a trial or hearing. A money judgment can be enforced through garnishment, seizure of assets, or registration against property.

Writ of execution — A court document authorizing the sheriff to seize and sell a debtor's property to satisfy a judgment. In Ontario, a writ is filed with the sheriff's office in the county where the debtor has assets.

Court Procedures: From Filing to Judgment

Pleadings — The initial documents exchanged between parties that define the issues in dispute: Statement of Claim, Statement of Defence, and any counterclaim or crossclaim. Pleadings set the boundaries of what the court will decide.

Examination for discovery — A pre-trial process where each party can question the other side under oath, outside of court. The answers are recorded and can be used at trial. In Ontario civil cases, discovery is governed by Rule 31 of the Rules of Civil Procedure.

Motion — A formal request asking the court to make a specific order before or during trial. Common motions include motions to dismiss, motions for summary judgment, and motions for interim relief. Each motion requires a notice of motion, supporting affidavit, and often a factum.

Pre-trial conference — A meeting between the parties and a judge (or case management master) to narrow the issues, explore settlement, and prepare for trial. Attendance is mandatory in most Ontario civil cases. Judges can make binding orders at a pre-trial conference.

Adjournment — Postponing a hearing to a later date. Either party can request one; the judge decides. Repeated adjournments can result in cost awards against the requesting party.

Disclosure — In criminal cases, the Crown must disclose all relevant evidence to the defence before trial (R v Stinchcombe [1991] SCR). Failure to disclose can result in a stay of proceedings — the case is stopped entirely.

Ex parte — A proceeding or order made with only one party present, without notice to the other side. Emergency protection orders in family law are often made ex parte. The absent party can apply to set aside the order afterward.

Contempt of court — Disobeying a court order or disrupting court proceedings. Civil contempt (disobeying an order) can result in fines or imprisonment. Criminal contempt (undermining the court's authority) is more serious and can be prosecuted separately.

Costs — Money awarded by the court to the winning party to partially cover their legal fees. In Ontario, costs are typically awarded on a "partial indemnity" basis — roughly 50–60% of actual legal fees. A "substantial indemnity" award (about 90%) is reserved for cases involving bad faith or misconduct.

Limitation period — The deadline for starting a legal claim. Missing this deadline usually means losing the right to sue, regardless of how strong the case is.

Standards of Proof in Canadian Courts

The standard of proof determines how convincing the evidence must be before a court will rule in your favour.

The same event can produce two different outcomes. A person can be acquitted of criminal assault — because the Crown failed to prove guilt beyond a reasonable doubt — and still lose a civil lawsuit for the same incident, because the plaintiff proved it was more likely than not that the assault occurred. The two proceedings are independent; an acquittal does not bar a civil claim.

Appeals: What Happens After a Decision

Leave to appeal — Permission from a higher court to bring an appeal. Not all decisions can be appealed as of right. The Supreme Court of Canada grants leave in approximately 10% of applications — only cases raising questions of national importance or significant legal issues.

Grounds of appeal — The specific legal errors the appellant claims the lower court made. Appeals are not re-trials. New evidence is generally not permitted. The appeal court reviews whether the trial judge made an error of law, a palpable and overriding error of fact, or an error in the exercise of discretion.

Stay of proceedings — A court order pausing a proceeding or the enforcement of a judgment, pending an appeal or other event. A stay is not automatic — the party seeking it must apply and meet a three-part test: serious issue to be tried, irreparable harm without the stay, and balance of convenience.

Judicial review — A court's examination of a government or administrative decision to determine whether it was made lawfully. Judicial review does not re-decide the merits — it asks whether the decision-maker had authority, followed proper procedures, and reached a reasonable conclusion. Immigration decisions from the IRB are judicially reviewed by the Federal Court, not by provincial courts.

Small Claims Court: Monetary Limits by Province

Small Claims Court is designed to be accessible without a lawyer. Filing fees are lower, procedures are simplified, and hearings are shorter.

Ontario filing fees (2026): $102 for claims up to $1,000; $204 for claims $1,001–$10,000; $394 for claims $10,001–$35,000.

Ontario paralegals — Ontario is the only province where paralegals are regulated by the Law Society of Ontario and can appear in court. Licensed paralegals can represent clients in Small Claims Court, Ontario Court of Justice (traffic, minor criminal matters), and before administrative tribunals including the Landlord and Tenant Board and the Human Rights Tribunal of Ontario.