Glossary

• Author: Paul Wearing
• Pages: 159-162

•159

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 statutes.

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 non-solicitation or non-com-

petition covenant.

defendant.See plainti.