Legal Glossary

Most legal terms that confuse Canadians appear in documents they receive — not in law school textbooks. A lease says "distress." An employment termination letter says "pay in lieu of notice." An immigration notice says "inadmissibility." This glossary defines the terms that matter in practice, organized by the situation where you are most likely to encounter them, with jurisdiction-specific details for Canada.

How Canadian Law Is Organized: Why the Same Term Can Mean Different Things

Canada has two legal traditions and three levels of government, which means a term like "custody" means something different under federal law than under provincial law — and the rules in Ontario differ from those in Quebec. Federal law (Criminal Code, IRPA, Divorce Act) applies everywhere. Provincial law (landlord-tenant, employment standards, property) varies by province. Quebec uses the Civil Code of Quebec for private law; every other province uses common law built on court precedents.

Always check whether a definition applies in your province before relying on it.

Court and Procedure Terms

These appear in court documents, notices, and legal correspondence across all areas of law. Knowing them helps you identify deadlines and understand what is being asked of you.

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.

Motion — A formal request asking a court to make a specific order before or during a trial. In Ontario Superior Court, most motions require a factum (written legal argument) and a motion record.

Limitation period — The deadline for starting a legal claim. Missing it almost always means losing the right to sue, regardless of the merits of the case.

Ex parte — A court 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.

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

Garnishment — A court order directing a third party (employer or bank) to pay money owed to a judgment debtor directly to the creditor. In Ontario, a creditor can garnish up to 20% of net wages. Bank accounts can be garnished in full, subject to exemptions.

Disclosure — The process of sharing evidence with the other side before trial. In criminal cases, the Crown must disclose all relevant evidence to the defence (R v Stinchcombe [1991] SCR). Failure to disclose can result in a stay of proceedings.

Contempt of court — Disobeying a court order or disrupting court proceedings. Civil contempt (disobeying an order) differs from criminal contempt (undermining the court's authority). Penalties range from fines to imprisonment.

Contract and Business Terms

These terms appear in commercial agreements, employment contracts, and business documents. They define what each party owes and what happens when something goes wrong.

Consideration — Something of value exchanged between parties to make a contract legally binding. A promise to give a gift is not a contract because there is no consideration from the recipient.

Breach of contract — Failing to fulfill a contractual obligation without a legal excuse. A "material breach" goes to the root of the contract and allows the other party to treat the contract as ended. Remedies include damages, specific performance, or rescission.

Force majeure — A clause excusing a party from performance if an extraordinary event beyond their control makes performance impossible. Canadian courts interpret these clauses narrowly — the event must be specifically listed or clearly within the clause's scope.

Entire agreement clause — States that the written contract is the complete agreement between the parties. Prior verbal promises made during negotiations are not enforceable if they were not written into the final document.

NDA (non-disclosure agreement) — A contract requiring parties to keep certain information confidential. In Canada, NDAs cannot be used to prevent reporting of criminal conduct or human rights violations.

Federal incorporation under the Canada Business Corporations Act costs $200 online. Ontario provincial incorporation costs $300.

Tenant and Housing Terms

Residential tenancy law is entirely provincial. Rules differ significantly between Ontario, BC, Alberta, and Quebec — a term that applies in one province may not exist in another.

Quiet enjoyment — A tenant's right to use their rental unit without interference from the landlord. Landlords must give 24 hours' written notice before entering (except in emergencies). Repeated unauthorized entry can support a rent abatement application at the relevant tribunal.

Distress — A landlord's right to seize a tenant's personal property as security for unpaid rent. This remedy has been abolished for residential tenancies in Ontario and most provinces. It may still apply in some commercial tenancy situations.

Eviction notice types in Ontario:

The Ontario Landlord and Tenant Board (LTB) had a backlog exceeding 53,000 cases as of 2025, with contested hearing wait times of 12 to 18 months. Anyone filing an LTB application in 2026 should expect significant delays before a hearing date is scheduled.

Security deposits by province:

• Ontario: No damage deposit is permitted. Only a last month's rent deposit is allowed, which is applied to the final month of rent — it is never returned separately.
• British Columbia: The landlord must return the deposit within 15 days of the tenancy ending. Failure to return on time entitles the tenant to double the deposit amount.
• Alberta: 10 days if no deductions; 30 days with an itemized statement if deductions are made.
• Quebec: No security deposit of any kind is permitted for residential tenancies.

Employment Law Terms

The federal Canada Labour Code applies only to banks, airlines, telecommunications, and interprovincial transportation. For most workers, provincial employment standards govern — and the gap between statutory minimums and what courts actually award can be substantial.

Wrongful dismissal — Not an unfair firing, but a failure to provide adequate notice or pay in lieu of notice. Canadian employers can terminate without cause for any reason, as long as they provide proper notice.

Constructive dismissal — When an employer makes a fundamental change to employment terms without consent — a significant pay cut, demotion, or hostile work environment — the employee can treat themselves as dismissed and claim wrongful dismissal damages. Leading case: Potter v. New Brunswick Legal Aid Services Commission [2015] SCC 10.

Just cause — Grounds for termination without notice or severance. The bar is high: courts require serious misconduct, dishonesty, or repeated violations after warnings. A single incident of poor performance rarely qualifies.

Severance pay (Ontario) — Separate from termination pay. Employees with 5 or more years of service at a company with a payroll over $2.5 million are entitled to 1 week per year of service, up to 26 weeks, in addition to termination notice.

Immigration Terms

Canada's immigration system is governed by the Immigration and Refugee Protection Act (IRPA). IRCC administers most programs; the Immigration and Refugee Board (IRB) handles hearings and appeals through four divisions: RPD, RAD, ID, and IAD.

Permanent Resident (PR) — The right to live and work in Canada indefinitely without citizenship. PRs must maintain 730 days in Canada within every five-year period or risk losing PR status.

Inadmissibility — A legal finding that a person cannot enter or remain in Canada. Grounds include serious criminality (sentence of 6 or more months), misrepresentation, health reasons, or security concerns. An inadmissibility finding does not automatically mean deportation — appeals go to the Immigration Appeal Division.

Removal order types:

Express Entry — A points-based system for three federal economic immigration programs: Federal Skilled Worker, Federal Skilled Trades, and Canadian Experience Class. Since 2024, IRCC has run category-based draws targeting specific occupations (healthcare, trades, STEM) and French-language proficiency, changing CRS score thresholds significantly from earlier rounds.

Sponsorship undertaking periods: Spouse — 3 years. Child — 10 years. Parent or grandparent — 20 years. Sponsors are financially responsible for the sponsored person for the full undertaking period, even if the relationship ends.

Family Law Terms

The federal Divorce Act governs divorce and parenting for married couples. Provincial family law acts cover unmarried couples, property division, and child protection — and the terminology differs between the two.

Decision-making responsibility — The 2021 Divorce Act replaced "custody" with this term. It refers to who makes major decisions about the child's education, health, and religion. "Parenting time" replaced "access." Provincial legislation may still use the older terms.

Best interests of the child — The primary consideration in all parenting decisions under s. 16 of the Divorce Act. Courts consider the child's physical and psychological safety, relationships with each parent, the child's views depending on age and maturity, and each parent's willingness to support the other parent's relationship with the child.

Child support — Federal Child Support Guidelines set the base amount by the paying parent's income and number of children. In Ontario, a parent earning $80,000 per year pays $1,159 per month for one child. Special expenses — childcare, medical, extracurricular — are shared proportionally based on each parent's income.

Matrimonial home — The family home where spouses lived together. In Ontario, both spouses have equal rights to possession regardless of who owns it, and it cannot be sold or mortgaged without both spouses' consent, until a court order or agreement says otherwise.

Criminal Law Terms

Criminal law is entirely federal, governed by the Criminal Code of Canada. Provinces administer courts and prosecutions, but the offences and penalties are set federally and apply uniformly across the country.

Summary conviction offence — A less serious offence tried without a jury in provincial court. Maximum penalty is generally 2 years less a day in jail.

Indictable offence — A more serious offence. The accused may choose trial by judge alone or judge and jury for offences with maximum penalties of 5 or more years. Penalties can reach life imprisonment.

Hybrid offence — The Crown can prosecute either as summary or indictable, depending on circumstances. Most drug offences and many assault charges are hybrid.

Gladue principles — Courts sentencing Indigenous offenders must consider systemic and background factors that may have contributed to the offence (R v Gladue [1999] 1 SCR 688). A Gladue report is prepared by a trained writer and presented at sentencing. These principles apply at bail hearings and parole decisions as well.

Bail — Bill C-48 (2023) — Amended the Criminal Code to create a reverse onus for repeat violent offenders and certain firearms offences. The accused must show why detention is not justified, rather than the Crown having to justify detention.

Estate and Document Authentication Terms

Estate law is provincial. When a person dies, their estate must be administered — and in most cases, the will must be probated before assets can be transferred to beneficiaries.

Probate fees by province:

Intestate — Dying without a valid will. In Ontario, the Succession Law Reform Act gives the first $350,000 to the spouse, with the remainder split between the spouse and children. Common-law partners have no automatic inheritance rights in most provinces — a significant gap for couples who have lived together for decades without marrying.

Apostille — Canada joined the Hague Apostille Convention on January 11, 2024. A single apostille now authenticates Canadian documents for use in 120 or more member countries, replacing the previous two-step process through Global Affairs Canada and foreign embassies. This change is relevant for anyone dealing with immigration documents, foreign property, or international business.

Continuing power of attorney for property — Authorizes someone to manage your financial affairs and remains valid if you become mentally incapacitated. In Ontario, this is governed by the Substitute Decisions Act, 1992. Without one, a family member must apply to court for guardianship — a process that can take months and cost thousands of dollars in legal fees.

Consumer Privacy Protection Act (CPPA) — Replaced PIPEDA for most private-sector organizations. As of 2026, the CPPA is in force and introduces penalties up to 5% of global revenue or $25 million (whichever is greater), plus new individual rights including data portability and the right to erasure.