Law Dictionary

Overruling is a legal term used in British Columbia business, real estate, or technology law to describe the act of a higher court reversing the decision of a lower court. This occurs when a court determines that the lower court's decision was incorrect or in violation of the law. Overruling is a significant legal action that can have a significant impact on the outcome of a case.

Overtime pay refers to the additional compensation provided to employees who work beyond their regular working hours, as mandated by employment standards legislation in British Columbia. In the context of business, real estate, or technology law, overtime pay may be subject to specific regulations and requirements, such as minimum wage rates, maximum hours of work, and eligibility criteria for overtime pay. Employers are obligated to comply with these regulations and provide overtime pay to eligible employees, as failure to do so may result in legal consequences.

In the context of business, real estate, or technology law in British Columbia, overtures refer to preliminary proposals or offers made by one party to another with the intention of initiating negotiations or discussions towards a potential agreement or transaction. Overtures may include proposals for partnerships, mergers, acquisitions, or other business arrangements, and are typically made with the goal of establishing a mutually beneficial relationship between the parties involved.

Overvaluation refers to the act of assigning a value to a business, real estate, or technology asset that is higher than its true market value. In British Columbia, overvaluation can have legal implications in areas such as taxation, insurance, and financial reporting. It can also lead to disputes between parties involved in a transaction or investment.

Overzealous representation refers to a situation where a lawyer or legal representative acts in an excessively aggressive or unethical manner in advocating for their client's interests. This can include making false or misleading statements, engaging in harassment or intimidation tactics, or disregarding ethical standards in pursuit of a favorable outcome. In the context of business, real estate, or technology law in British Columbia, overzealous representation can lead to legal and reputational consequences for both the client and the legal representative involved.

An ownership dispute in the context of business, real estate, or technology law in British Columbia refers to a disagreement or conflict between two or more parties over the rightful ownership of a particular asset or property. This can include disputes over intellectual property, real estate titles, or business ownership rights. Such disputes can be resolved through negotiation, mediation, or litigation in court.

Ownership interest refers to the degree of ownership or control that an individual or entity has over a particular asset, such as a business or real estate property. In the context of business, ownership interest may be represented by shares of stock or other equity instruments. In real estate, ownership interest may be represented by a deed or other legal document. In technology law, ownership interest may refer to intellectual property rights, such as patents or copyrights. In British Columbia, ownership interest is governed by various laws and regulations, including the Business Corporations Act, the Land Title Act, and the Copyright Act.

Ownership transfer refers to the legal process of transferring ownership of a property or asset from one party to another. In the context of business, real estate, or technology law in British Columbia, ownership transfer may involve the transfer of shares, intellectual property rights, or real property. This process typically involves the execution of legal documents and may require the involvement of lawyers, notaries, or other professionals.

A legal relationship between two or more persons or entities who carry on a business together with a view to profit, where each partner contributes money, property, labor, or skill and shares in the profits and losses of the partnership. In British Columbia, partnerships are governed by the Partnership Act and can take various forms, including general partnerships, limited partnerships, and limited liability partnerships. Partnerships can be formed for various purposes, including real estate development, technology startups, and joint ventures.

A patent is a legal document granted by the government that gives the holder exclusive rights to prevent others from making, using, or selling an invention for a certain period of time. In British Columbia, patents are commonly used in the fields of business, real estate, and technology law to protect intellectual property and encourage innovation. To obtain a patent, an inventor must meet certain criteria and follow a specific application process, which is overseen by the Canadian Intellectual Property Office.

Patent infringement refers to the unauthorized use, manufacture, sale, or importation of a patented invention without the permission of the patent owner. In British Columbia, patent infringement is a violation of the Patent Act and can result in legal action, damages, and injunctions. It is important for businesses and individuals to conduct thorough patent searches and obtain proper licensing to avoid infringing on existing patents.

Patentability refers to the legal criteria that must be met in order for an invention or innovation to be eligible for patent protection. In British Columbia, patentability is determined by the Canadian Intellectual Property Office (CIPO) and requires that the invention be new, useful, and non-obvious. Patentability is an important consideration for businesses and individuals in the fields of technology and innovation, as it can provide legal protection for their intellectual property and prevent others from using or profiting from their ideas without permission.

Perjury is the act of knowingly making false statements under oath or affirmation in a legal proceeding. In the context of business, real estate, or technology law in British Columbia, perjury can occur in various situations such as during a deposition, trial, or other legal proceedings. It is a serious offense that can result in criminal charges and severe penalties.

Personal injury refers to physical or psychological harm suffered by an individual as a result of the negligence or intentional actions of another party. In the context of business, real estate, or technology law in British Columbia, personal injury claims may arise from workplace accidents, product defects, or other incidents that cause harm to employees, customers, or other individuals. These claims may involve complex legal issues related to liability, damages, and insurance coverage, and may require the assistance of experienced legal professionals to ensure that the injured party receives fair compensation for their losses.

Personal property refers to any movable asset that is not considered real property, such as vehicles, furniture, and equipment. In the context of business, real estate, or technology law in British Columbia, personal property may be subject to specific legal regulations and requirements, such as registration, transfer, and taxation.

A legal document that grants an individual (the "attorney") the authority to act on behalf of another person (the "principal") in specific matters, such as managing their business affairs, making financial decisions, or selling real estate. In British Columbia, a power of attorney must be in writing, signed by the principal, and witnessed by two individuals who are not the attorney or related to the attorney. The attorney must act in the best interests of the principal and follow any instructions or limitations outlined in the power of attorney document.

In the context of business, real estate, or technology law in British Columbia, a precedent refers to a legal decision or ruling that serves as a guide or authority for future cases with similar facts or issues. Precedents are important in establishing consistency and predictability in the application of the law, and are often relied upon by lawyers and judges in making legal arguments and decisions.

A prenuptial agreement is a legal contract entered into by two individuals prior to their marriage, which outlines the division of assets and liabilities in the event of divorce or separation. In British Columbia, prenuptial agreements are governed by the Family Law Act and must be entered into voluntarily and with full disclosure of assets and debts. Prenuptial agreements can be particularly important in business, real estate, or technology law, where individuals may have significant assets or intellectual property that they wish to protect in the event of a divorce or separation.

Privacy, in the context of business, real estate, or technology law in British Columbia, refers to the protection of personal information from unauthorized access, use, or disclosure. This includes the collection, storage, and sharing of personal information by businesses and organizations, as well as the rights of individuals to control their own personal information. Privacy laws in British Columbia aim to balance the need for businesses to collect and use personal information with the rights of individuals to privacy and data protection.

Probate is the legal process of validating a deceased person's will and distributing their assets according to their wishes. In British Columbia, probate is required for estates with assets exceeding a certain value threshold. The probate process involves filing an application with the court, providing notice to beneficiaries and creditors, and obtaining a court order confirming the validity of the will and appointing an executor to administer the estate.

Procurement refers to the process of acquiring goods or services, typically through a competitive bidding process, in order to meet the needs of a business or organization. In the context of business, real estate, or technology law in British Columbia, procurement may involve the negotiation and drafting of contracts, compliance with regulatory requirements, and management of disputes related to the procurement process. Effective procurement practices are essential for ensuring that businesses and organizations are able to obtain the goods and services they need in a timely and cost-effective manner.

Product liability refers to the legal responsibility of manufacturers, distributors, and sellers for injuries or damages caused by their products. In British Columbia, businesses must ensure that their products are safe and free from defects, and can be held liable for any harm caused to consumers. This area of law covers a wide range of products, including those in the technology and real estate industries.

Professional liability refers to the legal responsibility that professionals, such as lawyers, accountants, and engineers, have to their clients for any errors, omissions, or negligence in the services they provide. In the context of business, real estate, or technology law in British Columbia, professional liability may arise when a professional fails to meet the standard of care expected of them, resulting in financial loss or harm to their client. This can lead to legal action and potential damages awarded to the affected party.

Professional negligence refers to the failure of a professional, such as a lawyer, accountant, or engineer, to provide services that meet the standard of care expected of them. In the context of business, real estate, or technology law in British Columbia, professional negligence can result in financial losses, legal disputes, and damage to reputation. It is important for professionals to exercise due diligence and provide competent services to avoid potential liability for professional negligence.

Professionalism in the context of business, real estate, or technology law in British Columbia refers to the adherence to ethical standards, conduct, and practices expected of legal professionals. It encompasses qualities such as integrity, competence, diligence, and respect for clients, colleagues, and the legal system. Maintaining professionalism is essential for building trust and credibility with clients, promoting the rule of law, and upholding the reputation of the legal profession.