Glossary

Disclaimer

All of the words and their respective definitions hereunder may have other or broader meanings than explained below. The explanations that follow are all defined within the context of the Ontario Small Claims Court and may have different meanings or applications in other courts or tribunals.

Payment Terms - After judgment has been obtained against you

After judgment has been obtained against the debtor (now called the judgment debtor) is the least desirable and effective time to try to make a payment arrangement and, if the judgment debtor does try, the payments will likely have to be aggressive in order to entice the creditor (now called the judgement creditor) to accept the payment arrangement being offered.

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Payment Terms - Before you are sued by the creditor

I have found in my twenty-five years of paralegal practice that it is common for people to wait until they are sued to deal with a debt that they know is owing whether it is a liquidated or a non-liquidated debt.

By not dealing with it before a law suit has been launched, it becomes more expensive and often more difficult, complicated, and expensive to deal with. (See my article on Preparing and Filing Defences.).

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Plaintiff

The Plaintiff is the person or corporate legal entity issuing the claim for the recovery of money or property.

Settlement Conference

A settlement conference is a step in a small claims court law suit.

After a claim has been issued and a defence has been filed, the court automatically schedules a settlement conference.  Settlement Conferences are mandatory in all Ontario small claims court law suits.

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Trespass

In Ontario, the ‘Trespass to Property Act’ is the rule of law that governs trespasses. One can be prosecuted criminally or sued civilly, or both for committing a trespass.

The most common trespass is a person who interferes with a person’s possessory right with regard to that person’s land (real property). Put more simply, it is someone who comes on to your property without the right of law, or without being invited, or is unauthorized to do so. The person must leave immediately upon being told to or that persons may be arrested and charged with trespass.

Wrongful Dismissal in a non-unionized environment

Wrongful dismissal is a bit of a misnomer because, except for some rare exceptions, employers have the right to terminate your employment.  

Whereas you are not guaranteed a job for life, an employer has certain obligations to you as an employee to treat you fairly if it is terminating your employment without just cause.

You are entitled to be given proper notice if you employer terminates your services.  This can be either a working notice or payment in lieu of notice.  The notice period is different under the Employment Standards Act than it is under common law.

You should never sign a waiver or release provided to you by your employer without first obtaining a qualified legal opinion.

Small Claims Court Paralegal

ATTENDING COURTS FOR:
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To request a consultation with A. Perlman Paralegal Services call now (519) 943-0590, (416) 399-4826 or complete the following form.

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