Legal Dictionary

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Elder Abuse (Senior Abuse):

Elder Abuse is the abuse of seniors. It is the deliberate mistreatment of seniors that causes physical, mental or emotional harm; or damage to, or loss of, their assets. Elder abuse includes intimidation, humiliation, physical assault, sexual assault, overmedication, lack of medication, censoring of mail, invasion of privacy, and denial of access to visitors. Economic/Financial abuse is the most common type of elder abuse.

Election:

For most indictable offences (with the exception of a charge of murder and some offences which must be tried in Provincial Court), the accused is entitled to elect, or choose, how to be tried: by a Provincial Court judge, a Supreme Court judge, or a Supreme Court judge and jury. After the accused has elected his/her mode of trial, s/he may re-elect (i.e.: change his/her mind) subject to some legal restrictions set forth in the Criminal Code.

Evidence:

Evidence is the information presented by Counsel or defence. It includes the testimony of witnesses as well as objects and documents known as exhibits. Admissible Evidence is evidence that may be received by a trial Court to aid the judge or jury. Inadmissible Evidence is evidence that may not be received by a trial Court, generally because it is not allowed by some specific rule of exclusion.

Ex Parte Order:

Done or made for the benefit of one party only and without notice to, or hearing from, any person who is opposed. Usually for temporary or emergency relief.

An order made by the court on the application of one party to an action without notice or without hearing argument from the other party.

Examination for Discovery:

The cross-examination of a party under oath about the matters at issue in the action conducted, prior to trial. An examination for discovery is held outside court, with no one in attendance except for the parties, the parties' lawyers and a court reporter. The court reporter produces a transcript of the examination, which may, under certain circumstances, be used at trial.

Exhibit:

A document referred to in an affidavit, which may be attached to the affidavit.

Expert Evidence:

Opinion or information given by an expert witness about something proven to have happened in a case, based on the expert’s special knowledge or skill.

Expert Witness:

Someone with special knowledge, training, skill, or experience who can help a decision-maker understand the evidence in an area in which they are expert.

Extrajudicial Measures:

See Alternative Measures.