Law Dictionary

Unlawful arrest is an arrest made without legal authority. In Canada, police may arrest without a warrant where they have reasonable grounds to believe a person has committed an indictable offence, among other circumstances, so many warrantless arrests are lawful. An arrest without authority can breach the Charter and support a civil claim for false imprisonment.

Unlawful assembly is a Criminal Code offence. It occurs when three or more people, intending to carry out a common purpose, assemble or conduct themselves so as to cause people in the neighbourhood to fear, on reasonable grounds, that they will disturb the peace tumultuously or provoke others to do so. It is a criminal law concept rather than a business law one.

An unlawful detainer action is a US court procedure for evicting a tenant who stays after the tenancy ends. BC has no unlawful detainer procedure. In BC, a tenant who stays after the tenancy has ended is an overholding tenant, and the landlord's remedy depends on whether the premises are residential or commercial.

An unlawful detainer appeal is a US term for challenging an eviction judgment. It has no meaning in BC. Residential tenancy decisions in BC are not appealed but may be reviewed by the Residential Tenancy Branch on narrow grounds or challenged by judicial review, and a commercial possession order of the Supreme Court can be appealed to the Court of Appeal.

An unlawful detainer attorney is a US term for a lawyer who handles evictions. BC has no attorney title and no unlawful detainer specialty. BC lawyers are licensed by the Law Society of British Columbia, and landlords dealing with an overholding commercial tenant usually work with a lawyer who practises commercial leasing or litigation.

An unlawful detainer complaint is the US court document that starts an eviction case. BC has no such document. A BC residential landlord applies to the Residential Tenancy Branch for dispute resolution, and a commercial landlord seeking possession from an overholding tenant applies to the Supreme Court of British Columbia, usually by petition.

Unlawful detainer eviction is a US phrase for evicting a tenant who stays after the tenancy ends. In BC that tenant is an overholding tenant, and removal must follow the proper process. A landlord who removes a tenant without lawful process, such as by an unauthorized lockout, may be liable for wrongful eviction.

An unlawful detainer judgment is a US court judgment giving a landlord possession. BC does not use this term. In residential matters the Residential Tenancy Branch issues an order of possession, which is enforced through a writ of possession from the Supreme Court of British Columbia; in commercial matters the Supreme Court makes the possession order directly.

An unlawful detainer notice is a US eviction notice. BC does not use this term. BC residential landlords must use the prescribed Residential Tenancy Branch Notice to End Tenancy forms with statutory notice periods. A commercial landlord's notice depends on the lease, the common law and the Commercial Tenancy Act.

The unlawful detainer process is the US court procedure for evicting a tenant. BC has no unlawful detainer process. In BC, residential possession is decided by the Residential Tenancy Branch, and a commercial landlord recovers possession from an overholding tenant by re-entry under the lease or by application to the Supreme Court of British Columbia.

An unlawful detainer summons is a US court document requiring a tenant to respond to an eviction case. BC has no summons procedure for evictions. Residential possession is decided by the Residential Tenancy Branch, and commercial possession is sought from the Supreme Court of British Columbia, usually by petition under the Commercial Tenancy Act.

The unlawful detainer timeline is a US concept describing the deadlines in an eviction case. BC has no unlawful detainer procedure. In BC the timeline for recovering possession depends on the notice periods and processes under the Residential Tenancy Act for residential premises, or on the lease and the Commercial Tenancy Act for commercial premises.

Unlawful discrimination is treating a person adversely, in employment, tenancy or services customarily available to the public, because of a protected characteristic such as race, sex, disability, age, religion, sexual orientation, gender identity or family status, without a legal justification. Intent is not required; a neutral policy with a discriminatory effect can also be unlawful.

Unlawful entry is a general description of entering property without permission or legal authority. It is not the name of a Criminal Code offence. Depending on the facts, it may be trespass to land, a provincial offence under the Trespass Act, or a criminal offence such as break and enter.

Unlawful possession is a general phrase for holding property without legal authority. It is not a single offence in Canada. Specific criminal offences cover particular situations, such as possessing property obtained by crime, and civil law provides remedies to recover property wrongfully held by another person, such as claims in conversion or detinue.

Unlawful search and seizure refers to a search or seizure by the state that violates section 8 of the Canadian Charter of Rights and Freedoms, which protects against unreasonable search or seizure. A search is generally reasonable if it is authorized by law, the law itself is reasonable, and the search is carried out reasonably. Evidence obtained unlawfully may be excluded.

Unlawful termination is a general phrase for ending employment in breach of the law, such as without the required notice or for a discriminatory or retaliatory reason. In BC the main claims are wrongful dismissal at common law, statutory claims under the Employment Standards Act, and human rights complaints where a protected characteristic is involved.

Unregistered land is land whose title is not recorded in a land title register. In BC this is rare, because BC uses a Torrens land title system in which virtually all privately owned land is registered with the Land Title Office. The more practical issue is unregistered interests, such as leases or agreements that have not been registered against title.

An unsecured creditor is a person owed money who holds no security interest, such as a registered security agreement or mortgage, over the debtor's property. In a bankruptcy or receivership in Canada, unsecured creditors are paid only after secured and preferred claims, share pro rata in what remains, and often recover little.

Validity means whether a contract, document or legal act has legal effect. A contract is valid and binding in BC if there is offer and acceptance, consideration unless the document is under seal, certainty of essential terms, an intention to create legal relations, capacity and a lawful purpose. A valid contract may still be voidable for misrepresentation, duress, undue influence or unconscionability.

Value is a broad term for what something is worth. In business and law, the most common measure is fair market value: the highest price obtainable in an open and unrestricted market between informed, prudent parties acting at arm's length and under no compulsion. Different contexts, such as tax, shareholder disputes and insurance, may use different measures of value.

Vandalism is a common term for intentionally damaging or defacing another person's property. It is not the name of a Criminal Code offence; the offence is mischief, which includes destroying or damaging property, interfering with the use of property, and certain interference with computer data. Graffiti is also addressed by municipal bylaws.

A vendor is the seller in a transaction, such as a share purchase, asset purchase or sale of land. In British Columbia a vendor's obligations come mainly from the purchase agreement, including representations, warranties, indemnities and closing deliveries, along with implied terms in the Sale of Goods Act and a duty to disclose known latent defects that make property dangerous.

A venture agreement, more commonly called a joint venture agreement, is a contract between two or more parties to pursue a specific business project together while remaining separate businesses. It sets out contributions, management, sharing of profits and losses, ownership of assets and how the venture ends. A joint venture may be purely contractual or carried on through a jointly owned company.

Venture capital is equity financing invested in early stage, high growth private companies in exchange for shares, usually preferred shares with special rights. In BC, a company raising venture capital must rely on a prospectus exemption under the Securities Act and National Instrument 45-106 and documents the deal with a term sheet, subscription agreement and shareholders agreement.