Glossary of Terms
Affidavit
A sworn statement in writing made under oath before a “commissioner
of oaths”.
Affidavit of Service
(see also “service”)
An “affidavit” intended to certify
that you have served a document.
Agent
A lawyer practising in the National Capital Region who is hired to provide
procedural assistance on matters before the Supreme Court of Canada. You are
not required to have an agent on an application for leave to appeal, only
on an appeal.
Appeal
A proceeding in which a case is brought before a higher court for
review of a lower court's judgment for the purpose of convincing the higher
court that the lower court's judgment was incorrect.
Applicant
The person who brings an application for leave to appeal to the
Supreme Court of Canada or who brings a "motion".
Authorities
Includes legislative enactments, case law, articles and texts, treaties
and excerpts from them.
Commissioner for Oaths
A person authorized under federal or provincial legislation or rules
of practice, as the case may be, to conduct examinations or to swear
affidavits.
Counsel
(see “lawyer”)
Court appealed from
The court from which the appeal is brought directly to the Supreme
Court of Canada. In most cases it is the court of appeal of a province or
the Federal Court of Appeal.
Dissent
When a judge delivers a formal opinion that disagrees with the other
judges of the court.
Endorse
To sign. When the back cover of an original document is signed (endorsed)
by another party and a copy of the document is left with that party, this
constitutes “service” on that party.
Filing
To send by courier or registered or regular mail, or to bring in
person your documents to the Registry of the Supreme Court of Canada. Your
material is considered to be filed on the date that it is received in the
Registry, not on the date it is mailed by you.
Hearing
Any proceeding before a judge or the Court in which evidence and
argument are presented to determine some of the issues in a case.
Judge
A public official who hears and decides cases brought before a court
of law.
Jurisdiction
Authority of a court to hear certain cases.
Lawyer
A person authorized to practice law, conduct lawsuits or give legal
advice.
Motion
A formal request to a judge, the Court or the Registrar to take
some action, e.g. to extend time to serve and file an application for leave
to appeal.
Party
A person named in the style of cause in accordance with Rule 22 of
the Rules of the Supreme Court of Canada. But where referring to
the court appealed from, it means a person who was a party in that court.
Respondent
The “party” the application for
leave to appeal or "motion" is being brought
against.
Service
Delivering or leaving a copy of a document filed with the Court with
another party in accordance Rule 20 of the Rules of the Supreme Court
of Canada. When the document is so delivered, it is then said to have
been served.
Stay (Section 65.1 of the Supreme Court Act)
A temporary stopping or suspension of a judgment by order of a court.
Supreme Court of Canada
The highest court in Canada which hears appeals of decisions made
in lower courts and interprets the laws and constitution of the country.
