Resources for Self-Represented Litigants
Glossary of Terms
Affidavit
A sworn statement in writing made under oath before a “commissioner for oaths”.
Affidavit of Service
(see also “service”)
An “affidavit” whose purpose is to certify that a document has been served.
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 to have it review a lower court's judgment and to convince it that the lower court's judgment was incorrect.
Applicant
A person who applies for leave to appeal to the Supreme Court of Canada or who brings a “motion”.
Authorities
Include legislation, 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 an appeal is brought directly to the Supreme Court of Canada. In most cases, it is a provincial court of appeal or the Federal Court of Appeal.
Dissent
A formal opinion by a judge who disagrees with the other judges deciding an appeal.
Endorse
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.
Factum
The name of the document filed on appeal by the parties and Interveners. It is in seven parts containing a concise overview of their position and a statement of facts, questions in issue, arguments, submissions (if any) in support of the order sought concerning costs, the order or orders sought, a table of authorities and provisions of any statute, regulation, rule, ordinance or by‑law relied on.
Filing
Delivery of documents to the Registry of the Supreme Court of Canada, whether by courier or by registered or regular mail, or in person. Your material is considered to be filed on the date it is received in the Registry, not the date you mailed it.
Hearing
Any proceeding before a judge or the Court in which evidence and arguments are presented to determine issues in a case.
Judge
A public official who hears and decides cases submitted to a court of law.
Jurisdiction
Authority of a court to hear certain cases.
Lawyer
A person authorized to practise 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 the 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. In reference to the court appealed from, a person who was a party in that court.
Respondent
The “party” an application for leave to appeal or a “motion” is brought against.
Service
The act of delivering or leaving with another party, in accordance with Rule 20 of the Rules of the Supreme Court of Canada, a copy of a document filed with the Court. A document so delivered, is 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; it hears appeals of decisions made in lower courts and interprets the country's laws and constitution.