Law Dictionary

Non-resident withholding tax refers to the tax that is withheld by a Canadian payer on payments made to non-residents for services rendered in Canada or for the sale of Canadian property. This tax is required to be remitted to the Canada Revenue Agency (CRA) and is intended to ensure that non-residents pay their fair share of taxes on income earned in Canada. In British Columbia, non-resident withholding tax may apply to transactions involving real estate, business income, and technology services.

A non-solicitation agreement is a legal contract between an employer and an employee that restricts the employee from soliciting the employer's clients or customers for a certain period of time after leaving the company. This agreement is commonly used in business, real estate, and technology law in British Columbia to protect the employer's business interests and prevent the employee from using confidential information to compete with the employer.

A notary public in British Columbia is a legal professional authorized to witness and certify the signing of legal documents, administer oaths, and provide other legal services. In the context of business, real estate, or technology law, a notary public may be involved in the authentication of contracts, deeds, and other legal documents. They play a crucial role in ensuring the validity and legality of transactions and agreements.

A Notice of Claim is a legal document that initiates a civil lawsuit in British Columbia. It is typically filed by a plaintiff or claimant to notify the defendant or respondent of their intention to seek compensation or other legal remedies for a specific harm or injury. In the context of business, real estate, or technology law, a Notice of Claim may be used to address disputes related to contracts, intellectual property, or property damage, among other issues. It is an important step in the litigation process and must be filed within the applicable time limits and procedural requirements set out by the British Columbia Supreme Court Civil Rules.

In the context of business, real estate, or technology law in British Columbia, an obligation refers to a legal duty or responsibility that one party owes to another. This can include contractual obligations, statutory obligations, or common law obligations. Failure to fulfill an obligation can result in legal consequences, such as breach of contract or liability for damages.

In the context of business, real estate, or technology law in British Columbia, an offer is a proposal made by one party to another with the intention of creating a legally binding agreement. The offer must be clear, definite, and communicated to the other party. It may include terms such as price, quantity, and delivery, and may be accepted, rejected, or countered by the other party. Once accepted, the offer becomes a contract and both parties are bound by its terms.

In the context of business, real estate, or technology law in British Columbia, "offshore" refers to activities or entities that are located outside of Canada, typically in a tax haven or low-tax jurisdiction. This can include offshore companies, offshore bank accounts, and offshore investments. Offshore activities may be subject to specific regulations and reporting requirements, particularly in relation to tax and anti-money laundering laws.

An ombudsman is an independent officer appointed to investigate and resolve complaints made by individuals against public or private organizations, including those in the business, real estate, or technology sectors, in British Columbia. The ombudsman's role is to ensure that fair and impartial decisions are made, and that the rights of individuals are protected.

In the context of business, real estate, or technology law in British Columbia, "omnibus" refers to a single piece of legislation that covers multiple topics or issues. This type of law is often used to streamline the legislative process and address a range of related matters in a comprehensive manner.

In the context of business, real estate, or technology law in British Columbia, onus refers to the burden of proof or responsibility that one party has to prove a fact or allegation in a legal dispute. The onus is typically placed on the party making the claim or seeking relief, and they must provide sufficient evidence to support their position. Failure to meet the onus may result in a ruling against the party.

An operating agreement is a legal document that outlines the internal operations and management structure of a limited liability company (LLC) in British Columbia. It typically includes provisions related to the distribution of profits and losses, decision-making processes, member rights and responsibilities, and dispute resolution mechanisms. The operating agreement is an important tool for establishing clear expectations and minimizing potential conflicts among LLC members.

An opinion letter is a written document prepared by a lawyer that provides legal advice and analysis on a specific matter related to business, real estate, or technology law in British Columbia. The letter typically outlines the lawyer's professional opinion on the legal issues involved and may be used to support a transaction or provide guidance to a client. Opinion letters are often relied upon by clients, lenders, and other parties to assess legal risks and make informed decisions.

Opt-out refers to the process by which an individual or entity declines to participate in a particular program or agreement, typically by providing notice or taking affirmative action to indicate their non-participation. In the context of business, real estate, or technology law in British Columbia, opt-out provisions may be included in contracts or agreements to allow parties to decline certain terms or conditions. Opt-out clauses may also be required by law in certain situations, such as for consumer protection or privacy rights.

An option agreement is a legal contract between two parties that grants one party the right, but not the obligation, to buy or sell a specific asset at a predetermined price and within a specified time frame. In the context of business, real estate, or technology law in British Columbia, an option agreement is commonly used to secure the right to purchase or sell a property or technology asset at a future date, providing flexibility and risk management for both parties involved.

In the context of business, real estate, or technology law in British Columbia, an order refers to a formal directive issued by a court or administrative tribunal that requires a party to take a specific action or refrain from doing so. Orders can be issued in a variety of legal proceedings, including civil litigation, regulatory enforcement, and arbitration. Compliance with an order is mandatory and failure to do so can result in penalties or other legal consequences.

The ordinary course of business refers to the regular and customary practices and transactions that are typical for a particular industry or business. In the context of business, real estate, or technology law in British Columbia, it is used to determine whether a transaction or activity is within the scope of a company's normal operations and therefore not subject to additional scrutiny or legal requirements. This concept is important in determining whether a transaction is fraudulent or outside the scope of a company's authority.

An organic statute in the context of business, real estate, or technology law in British Columbia refers to a foundational law that establishes the legal framework for a particular entity or industry. It typically outlines the powers, duties, and responsibilities of the entity or industry, as well as the procedures for making changes to the law. Organic statutes are often created by the government and are considered fundamental to the operation of the entity or industry they govern.

Original jurisdiction refers to the authority of a court to hear and decide a case for the first time, as opposed to appellate jurisdiction, which involves reviewing decisions made by lower courts. In the context of business, real estate, or technology law in British Columbia, original jurisdiction may be exercised by the Supreme Court or Provincial Court, depending on the nature and value of the dispute. This jurisdiction allows the court to make initial determinations on matters such as contract disputes, intellectual property infringement, and regulatory compliance.

An out-of-court settlement refers to a resolution of a legal dispute between parties without the need for a trial or court intervention. In the context of business, real estate, or technology law in British Columbia, an out-of-court settlement may involve negotiations between parties to reach a mutually acceptable agreement, often with the assistance of legal counsel. Such settlements can save time and money compared to a trial, and can provide a more flexible and tailored solution to the parties' needs.

Outright ownership refers to the complete and unrestricted ownership of a property or asset, without any encumbrances or limitations. In the context of business, real estate, or technology law in British Columbia, outright ownership grants the owner full control over the property or asset, including the right to sell, lease, or transfer ownership. This type of ownership is often contrasted with partial ownership or shared ownership arrangements, which may involve restrictions or limitations on the owner's rights and control.

In the context of business, real estate, or technology law in British Columbia, "overdue" refers to a payment or obligation that has not been fulfilled by its due date. This can result in legal consequences such as late fees, interest charges, or even legal action to recover the outstanding amount.

An overdue mortgage refers to a situation where a borrower has failed to make timely payments on their mortgage loan, resulting in a default. In British Columbia, this can lead to legal action by the lender to recover the outstanding debt, including foreclosure proceedings and the sale of the property.

An overdue payment refers to a payment that has not been made by the due date specified in a contract or agreement. In the context of business, real estate, or technology law in British Columbia, an overdue payment can result in legal action being taken to recover the outstanding amount, including interest and any associated costs. It is important for parties to ensure that payment terms are clearly defined in contracts and agreements to avoid disputes and potential legal consequences.

Overdue rent refers to rent payments that have not been received by the landlord on the due date specified in the lease agreement. In British Columbia, landlords have legal remedies available to them to collect overdue rent, including serving a notice to end tenancy or filing a claim with the Residential Tenancy Branch.

Overdue taxes refer to taxes that have not been paid by the due date specified by the relevant tax authority. In the context of business, real estate, or technology law in British Columbia, failure to pay overdue taxes can result in penalties, interest charges, and legal action by the tax authority. It is important for businesses and individuals to stay up-to-date with their tax obligations to avoid potential legal and financial consequences.