Glossary

Abandonment
Forfeiting the portion of the claim which exceeds the legislated amount of $25,000.

Abatement
A reduction in rent to make up for any benefits the tenant has lost as a result of the landlord not performing his obligations.

Affidavit
This is a voluntary, written statement of facts sworn/affirmed before a commissioner for oaths.

Affirm
To declare solemnly and formally, but not under oath.

Appeal
A legal proceeding by which a case is brought from a lower court to a higher court.

Applicant
A person who starts an application.

Civil claim
The first document to start a law suit in this court.

Compensation
Money for a loss that has been experienced.

Contravention
To break a rule.

Costs
Compensation awarded to a successful party to be paid by the unsuccessful party.

Counterclaim
A cross-claim by the defendant against the plaintiff.

Damages
Compensation for injury to a person or damage to property.

Default
Failure to appear as required. Usually the failure to appear in court or defend a lawsuit.

Default Judgment
A judgment in the absence of a defence.

Defendant
Person against whom a lawsuit is commenced. This includes companies, corporations, or individuals.

Dispute Note
A document disputing a claim.

Exhibit
A document or material object entered as evidence.

Judgment
A decision of a court.

Jurisdiction
The legal authority of a court to hear a case.

Landlord
The owner or manager of a premises. See Residential Tenancies Act for a more complete definition. LINK to act.

Litigation
A lawsuit or legal action.

Mediation
A negotiation session that is facilitated by a mediator to try and settle the dispute without going to trial.

Noting in Default
A step taken by the plaintiff when the defendant does not file a form of dispute note.

Notice to Attend
A court-issued document commanding the attendance of a person in order to give evidence in court.

Notice to Vacate
A written notice identifying the date and time in which the tenant(s) must vacate to premises.

Oath
A solemn promise to speak the truth, which God or a holy person or sacred object is called to witness.

Order
A direction or decision of a Judge, often provided in writing.

Overholding tenant
A tenant who does not vacate the premises after the tenancy has expired or been terminated.

Plaintiff
Person starting a court action.

Pre-trial Conference
A meeting between the parties and a judge prior to trial, when each party may set out his/her position and attempt to reach a resolution.

Remedy
A solution.

Rent
Payment to a landlord under the tenancy agreement for the right to use or occupy the property. Rent does not include the security deposit.

Replevin
An action to return personal property that is claimed to be improperly taken. Return of goods.

Respondent
A person/company against whom an application is commenced.

Security Deposit
A payment required by a landlord from a tenant to cover the expenses of any repairs of damages to the premises greater than normal "wear and tear."

Service (Serving)
The delivery of a document to a party in a court action.

Substantial Breach
A breach or a series of breaches of the tenancy agreement as outlined in the Residential Tenancies Act.

Tenant
A person who is permitted by the landlord to occupy their premises under a tenancy agreement. For a more complete definition, see the Residential Tenancies Act. LINK to act.

Termination of Tenancy
To end the tenancy.

Trial
A determination of issues between parties in an action before a judge.

Withdrawal
To discontinue or abandon an action.

Written Consent
An agreement in writing.

Written Demand
A letter demanding payment or action.