Criminal procedure
- Judicial Pre-Trialalso called JPT
- A private meeting between the Crown, defence counsel, and a judge to narrow the issues, canvass resolution, and estimate trial length before a trial date is set. Most Ontario criminal matters resolve at or before this stage, which is why flat fees are commonly quoted to cover the work up to it. Read more
- Disclosure
- The material the Crown must provide to the defence: the police notes, statements, video, and other fruits of the investigation. The duty under R. v. Stinchcombe is broad, covering relevant non-privileged material, but it is not absolute. It remains subject to discretion on relevance and timing and to privileges such as informer privilege. Read more
- Crown election
- For a hybrid offence, the Crown's choice to proceed summarily or by indictment. The election drives the maximum penalty, the available modes of trial, and often whether a matter can be resolved quickly. It can sometimes be revisited in discussions with the Crown.
- Summary conviction offence
- The less serious of the two procedural classes, tried in the Ontario Court of Justice. A prosecution generally must begin within 12 months of the alleged offence. A licensed paralegal may act as agent only where the maximum penalty is six months or less, assessed per charge under section 802.1 of the Criminal Code.
- Indictable offence
- The more serious procedural class, carrying higher maximum penalties, no general limitation period, and in many cases a choice of trial in the Ontario Court of Justice or the Superior Court with or without a jury. Since Bill C-75, a preliminary inquiry is available only where the offence carries a maximum of 14 years or more. Read more
- Jordan ceiling
- The presumptive limit on the time from charge to the end of trial before delay becomes unreasonable under section 11(b) of the Charter: 18 months in the provincial court and 30 months in the superior court. Bill C-16 changed the remedy analysis, requiring courts to consider remedies other than a stay, so a stay is no longer the assumed outcome.
- First appearance
- The first administrative attendance after a charge. No evidence is heard, no plea is required, and the matter is almost always adjourned. Its real purpose is to confirm counsel, chase disclosure, and set the next date. Counsel can attend in your place on most procedural dates by filing a designation of counsel. Read more
- Hybrid offencealso called dual procedure offence
- An offence the Crown may prosecute either summarily or by indictment. Most Criminal Code offences are hybrid. The election is the Crown's, not the accused's, and it drives the maximum penalty, the modes of trial available, and often whether the matter can resolve quickly, so it is frequently the first thing defence counsel tries to influence.
Bail and release
- Show cause hearingalso called bail hearing
- The hearing that decides whether an accused is released pending trial and on what terms. The Crown ordinarily bears the onus of showing why detention is justified, on the primary, secondary, or tertiary grounds. Read more
- Reverse onus
- A bail situation where the accused, rather than the Crown, must show why release is justified. The Bail and Sentencing Reform Act, in force 15 July 2026, added several categories and provided that where a reverse onus applies the ladder principle from R. v. Antic no longer does, and the principle of restraint does not mandate release. Read more
- Surety
- A person who pledges money to the court and undertakes to supervise an accused released on bail. Under the 2026 amendments a person convicted of a serious offence within the previous ten years is generally excluded from acting as one.
- Breach of probation
- Failing without lawful excuse to comply with a probation order, contrary to section 733.1 of the Criminal Code. The parallel offence for failing to comply with a release order or to attend court is section 145. Both are charged in their own right and run alongside the original matter. Read more
Criminal outcomes
- Peace bond
- An order under section 810 of the Criminal Code requiring a person to keep the peace and be of good behaviour, for a maximum of 12 months. It is not a conviction and produces no criminal record, which is why it is often a target outcome in domestic and harassment matters. Read more
- Diversion
- A resolution in which the Crown withdraws the charge once the accused completes agreed conditions, such as counselling, a charitable donation, or a program. It avoids both a conviction and a finding of guilt, and is most commonly available to first offenders on lower-level matters. Read more
- Absolute discharge
- A sentencing outcome under section 730 where the court finds the accused guilty but registers no conviction and imposes no conditions. The finding of guilt exists, but there is no conviction on the record. Read more
- Conditional discharge
- The same as an absolute discharge, except that the accused must complete a period of probation. Successful completion leaves no conviction registered. Read more
- Record suspensionalso called pardon
- The process that sets a criminal record aside. Eligibility runs five years from completion of the entire sentence for a summary conviction and ten years for an indictable one, with a Parole Board of Canada application fee of $50. The older three and five year figures are pre-2012 and no longer correct.
- Withdrawal
- The Crown deciding not to proceed, ending the charge with no finding of guilt and no conviction. It is distinct from a stay, which pauses proceedings and leaves the Crown a window to recommence, from a dismissal or acquittal after trial on the merits, and from a discharge, which follows a finding of guilt. Withdrawal is the cleanest criminal outcome available. Read more
Expropriation
- Expropriation
- The compulsory taking of private land by a public authority under the Expropriations Act. The owner cannot refuse the taking itself once it is approved, but is entitled to full compensation, which is considerably broader than the market value of the land alone. Read more
- Hearing of Necessity
- The only stage at which the taking itself, rather than the price, can be challenged. It asks whether the expropriation is fair, sound, and reasonably necessary. The request must be made within 30 days of service of the Notice of Application, and the right is lost permanently if that window closes. Read more
- Section 25 payment
- The payment an expropriating authority must make when it serves its offer: the full amount it has offered for the market value of the land, paid immediately and without prejudice. It is not a percentage and not a deposit. Accepting it does not accept the offer or waive any right to claim more. Read more
- Injurious affection
- The reduction in value of the land an owner keeps, caused by the taking of part of the property or by the construction and use of the works. It is a distinct head of compensation from the market value of the land actually taken, and first offers frequently omit it. Read more
- Highest and best use
- The valuation standard used in expropriation: the most profitable use of the land that is physically possible, legally permissible, financially feasible, and maximally productive. Where a reasonable probability of rezoning existed, the market would have priced it in and the valuation can reflect it. Disagreement on this single assumption accounts for most of the gap between competing appraisals. Read more
- Section 32 costs
- The costs rule in the Expropriations Act. Where the compensation finally determined is at least 85 percent of the amount the authority offered, the authority is generally required to pay the owner's reasonable legal, appraisal, and other professional costs. It is a costs order made after compensation is determined, not an entitlement to have an appraiser funded up front. Read more
- Board of Negotiation
- A private, without prejudice step under the Expropriations Act at which either party may refer a compensation dispute before it proceeds to the Ontario Land Tribunal. It cannot impose an outcome, and nothing said there follows the claim to the Tribunal. Read more
Civil and construction
- Construction lien
- A charge registered against land by a party who supplied services or materials to an improvement, securing payment. Under the Construction Act the lien must be preserved within 60 days, and the deadline is not extendable, which is why the date of last supply matters so much. Read more
- Certificate of Pending Litigationalso called CPL
- A registration against title that warns the world a lawsuit claims an interest in that land. It effectively prevents a sale or refinancing while it stands, and obtaining one requires leave of the court. Read more
- Statement of Claim
- The document that starts most civil actions in the Superior Court of Justice. It sets out the facts relied on and the relief sought, is issued by the court, and must be served within six months of issuance. Most claims are subject to a two-year limitation period under the Limitations Act, 2002, running from when the claim was discovered. Read more
- Statement of Defence
- The defendant's formal response to a Statement of Claim, admitting, denying, or requiring proof of each allegation. It is due 20 days after service if served in Ontario, 40 days if served elsewhere in Canada or the United States, and 60 days if served outside those. Delivering a notice of intent to defend adds ten days. Missing the deadline exposes a defendant to being noted in default. Read more
Fees and retainers
- Retainer agreement
- The written contract between lawyer and client setting out the scope of the work, what the fee covers and what it does not, how disbursements are handled, and how either side may end the relationship. It is the document to read closely before signing, because scope is where most fee disputes actually originate. Read more
- Retainer fee
- Money paid in advance of the work. It is deposited into the lawyer's trust account, where it remains the client's money, and is drawn down only as fees are earned and billed. Any unearned balance is returned. On a flat fee matter the retainer is normally the agreed fee for a defined scope rather than a running deposit. Read more
- Upfront work
- Not a term of art, but a real feature of how criminal files run. The heaviest work sits at the beginning: obtaining and reviewing disclosure, identifying the issues, opening discussions with the Crown, and varying unworkable release conditions. That front-loading is why fees are payable before the work begins and why a matter that resolves early has still consumed most of the effort it was going to. Read more
Still not sure what applies to you?
Definitions only go so far. What matters is which of them apply to your charge or your notice, and that is a five minute conversation.
Call 647-547-6734