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Law Dictionary
Fulcrum Law is a Business Law Firm in Vancouver, BC. This dictionary was designed for Canadian Business Owners to better understand legal terms and how it relates to them and their business.
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Venue
Venue
Venue is the place where a court proceeding or arbitration is heard. In the BC Supreme Court, the plaintiff names the place of trial when filing and the court can change it. Commercial contracts often fix the forum through a forum selection clause, which BC courts generally enforce unless there is strong cause not to.
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Verdict
Verdict
A verdict is the decision of a jury on the questions put to it at trial, such as guilt or innocence in a criminal case or liability and damages in a civil case. Most BC civil cases, including commercial disputes, are tried by a judge alone, who gives reasons for judgment and a judgment or order rather than a verdict.
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Verification
Verification
Verification is a general term for confirming that information, documents or identities are accurate and genuine. In business and law it includes confirming a client's or counterparty's identity, checking corporate and land title records, and confirming that a document was properly signed. The term has no single legal definition.
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Vested interest
Vested interest
A vested interest is a present, fixed right to property, even if enjoyment is postponed, held by an identified person whose interest no longer depends on a condition. It contrasts with a contingent interest. In BC business practice it matters for family trusts, estate freezes, and shares or options that vest under a schedule.
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Vexation
Vexation
Vexation is not a standalone legal claim or offence in BC. The related legal concept is vexatious litigation: proceedings brought without reasonable grounds, mainly to harass or burden another party. Courts can strike such proceedings as an abuse of process and can declare a person who repeatedly brings them a vexatious litigant.
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Vexatious litigant
Vexatious litigant
A vexatious litigant is a person who has habitually and persistently started legal proceedings without reasonable grounds. Under section 18 of British Columbia's Supreme Court Act, the court can order that the person may not start proceedings in any court without the court's permission. Businesses facing repeated meritless claims can apply for this order.
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Vicarious liability
Vicarious liability
Vicarious liability makes one person legally responsible for another's wrongdoing because of their relationship, most often an employer for an employee's conduct. In British Columbia an employer is liable, without its own fault, where the wrong is sufficiently connected to the work it authorized. It generally does not extend to independent contractors.
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Victim
Victim
A victim is a person who suffers harm or loss because of another's wrongful conduct, most often used for victims of crime. It is a general term rather than a defined business law concept. A business that suffers loss through fraud, theft or other wrongdoing can pursue civil remedies and may ask for restitution in a criminal case.
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Video surveillance
Video surveillance
Video surveillance is the use of cameras to monitor or record people. In British Columbia, a private organization that records identifiable individuals collects personal information under the Personal Information Protection Act, so it needs a reasonable purpose, notice such as signage, limited collection, secure storage and a retention policy. Employee monitoring has its own PIPA rules.
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View easement
View easement
A view easement is not a recognized easement in BC; at common law there is no easement of a view. In BC, a view is usually protected by a restrictive covenant registered against the neighbouring land's title, often limiting building height or the location of structures, or sometimes by a statutory building scheme.
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Vindication
Vindication
Vindication means being cleared of a wrongful accusation or having one's position confirmed. It is not a term of art in BC business law. For a business, the most relevant legal route to restore its reputation is usually a defamation action, or a judgment or settlement that confirms its position in a dispute.
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Virtual currency
Virtual currency
Virtual currency is a digital representation of value that can be used for payment or investment and is not legal tender. In Canada, businesses that deal in or transfer it must register with FINTRAC as money services businesses, crypto trading platforms in British Columbia face securities regulation, and gains are taxable under the Income Tax Act.
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Virtual meeting
Virtual meeting
A virtual meeting is a shareholders, directors or members meeting held wholly or partly by video, telephone or another communications medium. Under British Columbia's BCBCA, participants may attend electronically if all of them can participate in the meeting, subject to the articles. Notice, quorum and voting rules still apply, and minutes should record how people attended.
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Virtual notary
Virtual notary
Virtual notary is an informal term for having a notary public or lawyer witness a signature, administer an oath or certify a document by video. BC has no separate virtual notary licence. Notaries public and lawyers may provide remote services only as permitted by their regulator's guidance and the rules of whoever will receive the document.
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Visitation rights
Visitation rights
Visitation rights is not a BC legal term. Under the Family Law Act, the concepts of custody and access were replaced by guardianship, parental responsibilities, parenting time and contact with a child. The term also has no recognized business meaning; rights to inspect business property or records come from contracts, corporate law or court orders.
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Void
Void
A void contract has no legal effect from the start, so neither party can enforce it, for example an agreement for an illegal purpose or one with no real agreement on essential terms. It differs from a voidable contract, such as one induced by misrepresentation or duress, which stays valid until the innocent party chooses to set it aside.
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Voluntary Disclosures Program (VDP)
Voluntary Disclosures Program (VDP)
The Voluntary Disclosures Program is a Canada Revenue Agency program that lets a taxpayer correct past tax errors or omissions before the CRA starts enforcement. If the CRA accepts the application, it may waive penalties and part of the interest, but the tax itself must be paid. BC provincial sales tax has a separate provincial disclosure process.
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Voting rights
Voting rights
Voting rights are the rights attached to shares to vote at meetings or consent to written resolutions. A BC company's articles set which classes vote and how many votes each share carries. By default under the BCBCA, an ordinary resolution needs a simple majority and a special resolution two thirds of votes cast; a written special resolution needs unanimous consent.
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Vulnerability
Vulnerability
Vulnerability is a general term for a weakness that exposes a business to harm, most often used for security weaknesses in software or systems that could allow unauthorized access to data. It is a technical and business term rather than a legal one, but security weaknesses can create legal obligations and liability, particularly where personal information is involved.
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Waiver
Waiver
A waiver is a party's voluntary decision to give up a legal right it knows it has, such as the right to insist on a deadline or to terminate for a breach. It can be written or implied from conduct, but must be clear and unequivocal. Most commercial contracts include a no-waiver clause requiring waivers to be in writing.
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Waiver of appeal
Waiver of appeal
A waiver of appeal is an agreement or decision to give up the right to appeal a judgment or award. In BC civil matters, appeal rights are usually given up through a settlement and consent dismissal, or by an arbitration agreement that excludes appeals. Once given up, the decision cannot be challenged on appeal, although limited set aside or review remedies may remain.
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Waiver of breach
Waiver of breach
A waiver of breach is a party's choice, made expressly or by conduct, not to rely on a particular breach of contract by the other party, for example by accepting late payment or performance without objection. A waiver usually requires clear knowledge of the breach and an intention to give up the right to enforce it.
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Waiver of default
Waiver of default
A waiver of default is a lender's or contracting party's agreement not to enforce its remedies for a particular default, such as a missed payment or a breached loan covenant. It is common in lending, where a lender may waive a covenant breach, often for a fee or on conditions, while keeping its rights for any future default.
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Waiver of jury trial
Waiver of jury trial
A waiver of jury trial is a choice or agreement to have a case decided by a judge alone rather than a jury. In BC civil cases, trial is by judge alone unless a party files a jury notice and pays jury fees, so there is usually no need to waive a jury. Pre-dispute contractual jury waiver clauses are a US practice.
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Waiver of liability
Waiver of liability
A waiver of liability, or release, is a signed agreement giving up the right to sue another party for injury, loss or damage, often including negligence. BC courts enforce clear releases the signer had a fair chance to read, but not where the wording does not cover the claim or enforcement is unconscionable or against public policy.
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