Glossary

• Author: Paul Wearing
• Profession: BA (Hons), MPA, LLB. Barrister & Solicitor
• Pages: 163-166

• 163

Glossary

Administrative tribunal: See Workplace administrative tribunal.

Adavit of documents: Disclosure of all documents relevant to any

matter at issue in a lawsuit that are or have been in the party’s posses sion,

control, or power.

Balance of probabilities: Rule about the proof of facts. The party with the

burden of proof, usually the plainti except in certain matters before the

Ontario Labour Relations Board, must persuad e the court or tribunal that

the facts in dispute are more likely than not to have occurred.

Breach of contract: In the employment context, violation of one of the

express or implied terms of an employment contract.

Common law: Law decided by judges, rooted in English history, applying

custom, legal precedent (other judges’ decisions), and the interpretation

of statute s.

Constructive dismissal: Deemed termination of employment as a result

of an employer’s unilateral material changes to an employment agree-

ment without approval from the employee.

Covenant: Written agreement, between two parties, promising to do or

refrain from doing a specif‌ied act. A covenant in an employment agree-

ment is most commonly referred to as a nonsolicitation or noncompeti-

tion covenant.

Defendant: See Plainti.