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Definitions

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

A

Acquittal
A finding of not guilty in a criminal case.

Adjournment
A temporary postponement of a court hearing.

Affidavit
A statement written down and sworn or affirmed to be true. An affidavit must be signed before a notary public or commissioner of oaths. The court’s registry office staff are commissioners for oaths. Most lawyers are commissioners for oaths and notaries public.

Appeal
Examination by a higher court of the decision of a lower court or tribunal. The higher court may affirm, vary, reverse or overturn the original decision.

Appeal Allowed
The court has decided in favour of the appellant (the party bringing the appeal).

Appeal Book
A bound book that must be filed by an appellant containing material that was in front of the lower court, such as pleadings, affidavits or transcript and exhibits, as well as the decision being appealed and the notice of appeal.

Appeal Dismissed
The court has decided in favour of the respondent (the party against whom the appeal is brought) and against the appellant.

Appellant
The person or party bringing the appeal to court.

Applicant
The person or party making an application (motion) to the court or to a judge of the court.

Application (Motion)
A request to a judge or to the court for an order that occurs during the course of a court proceeding. Applications (motions) are common occurrences and can be made for many purposes, including asking for extensions of time and seeking leave. An application (motion) must be brought by notice and usually includes an affidavit giving details of the application (motion).

Application (Motion) for Leave to Appeal
The procedure for requesting a judge’s permission to commence an appeal.

B

Book of Authorities
A bound document that may be filed by a party containing legal decisions that are relevant to the issues and are referred to in a memorandum, brief of law, written argument or factum.

C

Case Digest
A summary of a case and the decision rendered on it.

Chambers
A courtroom where a single judge of the Court of Appeal hears applications (motions).

Civil Rules
Rules governing practices or procedures before the court on civil appeals. You can find the civil rules here.

Costs
Money spent to carry out or defend an application or an appeal that a party is allowed to recover by order of the court or of a judge. An unsuccessful party is usually ordered to pay some or all of the expenses associated with the successful party’s litigation. Saskatchewan is a partial indemnity jurisdiction, which means costs are rarely awarded in the full amount of the successful party’s litigation expenses.

Cross-Appeal
An appeal filed by a respondent where the respondent wants to appeal something from the judgment of the lower court and the appellant has already commenced an appeal.

D

Date of Judgment/Order
Most appeals must be launched within 30 days after the date of the judgment or order being appealed. The date of the judgment or order means:

  1. the date of filing written reasons for judgment or fiat with the registrar, local registrar or chambers clerk of the lower court; or
  2. where the judgment or order has been pronounced in court or chambers with no provision for written reasons to follow, the date of the oral pronouncement.

E

Exhibits
Physical evidence that was relied upon by the lower court or tribunal, such as documents, photographs, etc.

Expedited Appeal
An appeal from a judgment in chambers or after trial where no oral evidence was led, an appeal from a judgment relating to the custody of a child or dependent adult or any other appeal that the court or a judge orders to be treated as an expedited appeal. An expedited appeal has different timelines than an appeal.

F

Factum
A bound document filed with the court by an appellant or respondent that is made up of the following parts: introduction, jurisdiction and standard of review, summary of facts, points in issue, argument, relief, authorities.

Fee Waiver Certificate
A certificate issued by the court which excuses a person from paying any filing fee of the court with respect to a proceeding in the court.

Filing Fee
The charge for filing a document with the court. The court’s filing fees are payable in advance unless a Fee Waiver Certificate is in place or other arrangements have been made with the registrar.

Fresh Evidence
New evidence that was not in front of the lower court and that a party wants the Court of Appeal to consider.

I

Indictable Offence
A more serious criminal charge that carries a higher penalty as compared to a summary offence.

Interlocutory Order or Interlocutory Decision
“Interlocutory” refers to a decision that is not final. It is an incidental or procedural decision on a matter that arises after the commencement of a proceeding and before its conclusion.

Issuing an Order or Judgment
Once a decision has been pronounced by a judge or by the court, a paper order or judgment setting out the decision is prepared by the successful party and then given to and approved, signed and sealed by the registrar.

J

Judgment
Final decision by the court in a legal proceeding. The terms “judgment” and “decision” are interchangeable. A judgment may be written or given orally in court.

L

Law Report
A book, available in a law library, or online database, such as CanLII, containing court decisions.

Leave
Permission from a judge or from the court for a party to take a step in an appeal. For example, in some cases a party may need leave from a judge to commence an appeal.

Lower Court
The court that made the decision that is being appealed – usually the Court of Queen’s Bench for Saskatchewan but occasionally the Provincial Court of Saskatchewan.

M

Motion
See Application (Motion)

Motion (Application) for Leave to Appeal
The procedure for requesting permission to commence an appeal.

N

Notice of Appeal
The form completed by the appellant to start the appeal process.

Notice of Motion
The form completed by an applicant (could be the appellant or respondent) to begin a process in chambers.

O

Order
A decision of a court, a judge or other decision-making body. It may or may not be the final outcome of the matter.

P

Panel
The judges (usually three) of the court who hear an appeal.

Party or Parties
The person or organization bringing an appeal is called the appellant. The appellant appeals the decision of a lower court or tribunal. The person or organization against whom an appeal is brought and who must respond to the appellant’s appeal is called the respondent.

The party who brings an application in chambers is called the applicant. The party who must respond to the application in chambers is called the respondent.

There may be more than one appellant, respondent or applicant in an appeal.

Perfection
A perfected appeal is one that is ready to be scheduled for hearing. A civil appeal is perfected when the last factum is filed.

Pleadings
Pleadings are the documents that the parties exchange to commence a lawsuit (e.g., a statement of claim, a notice of application, a notice of appeal, etc.) and file in court. They set out the allegations of fact and the circumstances of the case, which both parties will try to prove in court to support their claim or defence.

R

Registry or Registry Office
The office where documents are filed with the court.

Court of Appeal Registry Office
Victoria Avenue Court House
2425 Victoria Avenue
Regina SK S4P 4W6
(306) 787-5382 (telephone)
(306) 787-5815 (fax)
caregistrar@sasklawcourts.ca

Registrar
The manager of the registry office.

Relief
See Remedy

Remedy
Remedies are the relief sought in legal proceedings. They can be monetary, declaratory or injunctive. Monetary remedies are most common in civil cases. The Court of Appeal remedies include affirming or reversing/overturning the original decision, varying in total or in part the judgment of the lower court and, in some cases, ordering a new trial.

Reserved Decision
A decision which is not given immediately after a case is argued but which is kept under consideration by a judge or panel until a later date when a written decision is provided.

Respondent
The person who responds to an appeal or an application.

S

Serve or Service of Documents
The delivery of a document (which is to be filed with the court) to another party to the proceeding. The Rules (Rule 67) set out procedures that must be followed when serving documents.

Statute
A law or Act enacted or passed into law by Parliament or a legislature.

Stay
To postpone the execution or operation of a judgment or order pending a decision.

Stay of Execution
To postpone the enforcement of a judgment or order pending a decision of the Court of Appeal.

Summary Offence
An offence of a less serious nature and carrying a lesser penalty than an indictable offence.

T

Transcript
A typed record of the oral proceedings before the court or tribunal that made the decision under appeal, including the evidence given by the witnesses who testified at the trial or hearing.

Tribunal
A decision-making body which is not a court that has been established by statute; for example, the Automobile Injury Appeal Commission or the Office of Residential Tenancies.

W

Written Argument
A document, which is no longer than 15 pages, that explains what your appeal is about if you are the appellant or that responds to the appeal if you are the respondent.