Law Dictionary

A derivative action is a legal proceeding brought by a shareholder on behalf of a corporation to enforce a right or remedy that the corporation has failed to pursue. In British Columbia, derivative actions are governed by the Business Corporations Act and are typically used in cases of breach of fiduciary duty or other misconduct by directors or officers of the corporation.

A design patent is a legal protection granted to the ornamental design of a functional item, such as a product or a portion of a product. In British Columbia, design patents are governed by the Canadian Intellectual Property Office and provide exclusive rights to the owner to prevent others from making, using, or selling products that are substantially similar in appearance to the patented design.

Director liability refers to the legal responsibility of a director of a company for any actions or decisions made on behalf of the company. In British Columbia, directors can be held personally liable for breaches of fiduciary duty, negligence, or other wrongful acts that result in harm to the company or its stakeholders. This includes liability for financial losses, regulatory violations, and other legal claims. Directors can mitigate their liability by exercising due diligence, acting in good faith, and complying with applicable laws and regulations.

Discovery refers to the process of obtaining information and evidence from the opposing party in a legal proceeding. In the context of business, real estate, or technology law in British Columbia, discovery may involve the exchange of documents, electronic data, or other relevant information that may be used as evidence in a trial or settlement negotiation. The purpose of discovery is to ensure that both parties have access to all relevant information and evidence, and to promote a fair and efficient resolution of the legal dispute.

Dispute resolution refers to the process of resolving conflicts or disagreements between parties in a legal context, specifically in the areas of business, real estate, or technology law in British Columbia. This process may involve negotiation, mediation, arbitration, or litigation, and aims to reach a mutually acceptable solution that avoids the need for a trial or court decision. Effective dispute resolution can help parties save time, money, and resources, while also preserving relationships and minimizing the risk of future disputes.

Dissolution, in the context of business, real estate, or technology law in British Columbia, refers to the legal process of terminating a corporation or partnership. This involves the winding up of the company's affairs, the distribution of its assets, and the cancellation of its registration with the appropriate government authorities. Dissolution can be voluntary or involuntary, and may be initiated by the company's directors, shareholders, or creditors. It is a complex process that requires careful planning and execution to ensure compliance with all legal requirements and to minimize potential liabilities.

A distribution agreement is a legal contract between a supplier and a distributor that outlines the terms and conditions of the distribution of goods or services. This agreement typically includes provisions related to pricing, payment terms, delivery schedules, marketing and advertising, intellectual property rights, and termination. In British Columbia, distribution agreements are commonly used in the context of business, real estate, and technology law to govern the distribution of products or services to customers or clients.

Divestiture refers to the process of selling or disposing of assets, subsidiaries, or business units by a company in order to comply with regulatory requirements or to improve its financial performance. In the context of business, real estate, or technology law in British Columbia, divestiture may be required by the government to prevent anti-competitive practices or to promote fair market competition. It may also be used as a strategic tool by companies to streamline their operations or to focus on core business activities.

A domain name is a unique identifier that represents a website or online entity. In the context of business, real estate, or technology law in British Columbia, a domain name may be subject to legal protection and ownership rights. It is important for businesses to secure their domain names and ensure they are not infringing on the intellectual property rights of others.

Due diligence refers to the process of conducting a thorough investigation and analysis of a business, real estate, or technology transaction or investment opportunity. This includes reviewing relevant documents, conducting research, and verifying information to ensure that all material facts are disclosed and risks are identified before making a decision. In British Columbia, due diligence is a critical component of business, real estate, and technology law, as it helps to mitigate potential legal and financial liabilities and ensures compliance with regulatory requirements.

Duty of care refers to the legal obligation of a person or entity to exercise reasonable care and caution in their actions or decisions, in order to prevent harm or injury to others. In the context of business, real estate, or technology law in British Columbia, duty of care may apply to professionals such as lawyers, accountants, or engineers, who owe a duty to their clients to provide competent and diligent services. It may also apply to businesses or property owners who have a responsibility to maintain safe premises or products, or to technology companies who must ensure the security and privacy of user data. Breach of the duty of care can result in liability for damages or losses suffered by the affected parties.

The legal obligation of a party to provide all relevant and material information to another party in a transaction or agreement, particularly in the areas of business, real estate, or technology law in British Columbia. This duty requires the disclosing party to act in good faith and provide accurate and complete information to the other party, allowing them to make informed decisions. Failure to disclose material information may result in legal consequences, such as rescission of the agreement or damages.

The duty to mitigate refers to the legal obligation of a party who has suffered a loss or damage to take reasonable steps to minimize or reduce the extent of the loss. In the context of business, real estate, or technology law in British Columbia, this duty may arise in situations such as breach of contract, negligence, or intellectual property infringement. Failure to fulfill this duty may result in a reduction of damages awarded to the affected party.

Duty to warn refers to the legal obligation of a business, real estate, or technology professional in British Columbia to inform their clients of any potential risks or dangers associated with a product, service, or property. This duty requires the professional to provide clear and accurate information to their clients, allowing them to make informed decisions and avoid any harm or liability. Failure to fulfill this duty may result in legal action and damages.

E-commerce refers to the buying and selling of goods or services over the internet. In the context of business, real estate, or technology law in British Columbia, e-commerce transactions are subject to various legal requirements, including those related to consumer protection, privacy, and electronic signatures. Businesses engaged in e-commerce must ensure compliance with applicable laws and regulations to avoid legal liability and protect their interests.

An easement is a legal right granted to a person or entity to use a portion of another person's property for a specific purpose, such as access to a road or utility lines. In British Columbia, easements are commonly used in real estate and business transactions to ensure that certain rights and obligations are established and maintained between parties. Easements can be created by agreement between the parties or by court order, and can be either temporary or permanent.

Easements refer to the legal right of a person or entity to use a portion of another person's property for a specific purpose, such as access to a public road or utility lines. In British Columbia, easements are commonly used in real estate and business transactions to grant or restrict access to land, and may be created by agreement or by court order. Easements can also be subject to various restrictions and conditions, and may require ongoing maintenance and repair.

Electronic contracts refer to legally binding agreements that are formed and executed electronically, without the need for physical signatures or paper documents. In British Columbia, electronic contracts are governed by the Electronic Transactions Act, which sets out the requirements for their validity and enforceability. Electronic contracts are commonly used in business, real estate, and technology transactions, and offer a convenient and efficient way to conduct business in the digital age.

Electronic data interchange (EDI) refers to the electronic exchange of business documents between trading partners in a standardized format. In the context of business, real estate, or technology law in British Columbia, EDI is often used to facilitate transactions and streamline communication between parties. EDI can help reduce errors, increase efficiency, and improve overall business processes.

Electronic discovery refers to the process of identifying, collecting, and producing electronically stored information (ESI) in the context of legal proceedings. This includes data from computers, smartphones, social media, and other digital sources. In British Columbia, electronic discovery is governed by the rules of civil procedure and is an important aspect of business, real estate, and technology law.

Electronic funds transfer (EFT) refers to the electronic transfer of money from one bank account to another, typically through a computer-based system. In the context of business, real estate, or technology law in British Columbia, EFT is often used for payment of goods and services, payroll, and other financial transactions. EFT is subject to various legal regulations and requirements, including those related to privacy, security, and fraud prevention.

An electronic signature is a digital representation of a person's signature that is used to sign electronic documents. In British Columbia, electronic signatures are legally recognized and can be used in business, real estate, and technology transactions as a valid form of signature. Electronic signatures must meet certain requirements, such as being unique to the signatory and being able to identify the signatory, in order to be considered valid.

Electronic signatures refer to a digital representation of a person's signature that is used to sign electronic documents. In British Columbia, electronic signatures are legally recognized and can be used in various business, real estate, and technology transactions, provided they meet certain requirements outlined in the Electronic Transactions Act. These requirements include ensuring the signature is unique to the signatory, is capable of identifying the signatory, and is reliable and secure. The use of electronic signatures can streamline processes, reduce costs, and increase efficiency in various industries.

Electronic voting systems refer to the use of technology to facilitate the casting and counting of votes in an election or decision-making process. In the context of business, real estate, or technology law in British Columbia, electronic voting systems may be subject to specific regulations and requirements to ensure their security, accuracy, and transparency. These systems may be used in various settings, such as shareholder meetings, strata councils, or online consultations, and may involve different types of software, hardware, and authentication mechanisms.

Eminent domain is a legal concept that grants the government the power to take private property for public use, provided that the owner is fairly compensated. In British Columbia, eminent domain is governed by the Expropriation Act, which outlines the procedures and requirements for expropriation. This concept is particularly relevant in business, real estate, and technology law, as it can impact property owners and businesses that may be affected by government projects or initiatives.