Law Dictionary

Consumer fraud refers to deceptive or dishonest practices used against consumers, such as false or misleading representations about goods or services, hidden charges or high pressure tactics. In BC, most such conduct is treated as a deceptive or unconscionable act or practice under consumer protection law, and serious cases may also be criminal fraud.

Consumer law is the body of law that protects individuals who buy goods or services for personal, family or household purposes. It covers deceptive and unconscionable practices, required contract disclosures, cancellation rights for certain contracts, warranties, credit and debt collection, and product safety. It generally does not apply to purchases made by businesses.

Consumer protection is the body of law shielding individuals who buy goods and services for personal use. In British Columbia the main statute is the Business Practices and Consumer Protection Act, which bans deceptive and unconscionable practices, regulates online and prepaid contracts, and lets consumers and Consumer Protection BC seek remedies. Federal law covers misleading advertising and product safety.

A contract is a legally enforceable agreement formed by offer and acceptance, an intention to be bound, and consideration. In BC most contracts can be oral, but contracts for land and guarantees are generally unenforceable unless evidenced by signed writing under section 59 of the Law and Equity Act. Electronic signatures are valid under the Electronic Transactions Act.

A contract amendment, or variation, is a change to the terms of an existing contract agreed by the parties. In British Columbia, a variation freely agreed to can be enforced even without fresh consideration, unless it was obtained by economic duress or unconscionability. Many contracts also require amendments to be in writing and signed by both parties.

Convertible securities are investments that begin as one type of security and can convert into another, usually shares, such as convertible notes, convertible debentures, convertible preferred shares and SAFEs. In British Columbia, issuing them is a distribution under the Securities Act and must rely on a prospectus exemption, commonly the private issuer or accredited investor exemption in NI 45-106.

Conveyancing is the legal work of transferring an interest in land, from the signed contract to registration. In British Columbia a lawyer or notary public reviews title, prepares the Form A transfer and mortgage, handles property transfer tax and the purchase funds, and registers the documents in the Land Title Office operated by the LTSA.

Copyright is the exclusive right to reproduce, publish, perform, adapt or communicate an original literary, artistic, dramatic or musical work, including software. It is federal law under the Copyright Act, arises automatically on creation and generally lasts 70 years after the author's death. Registration with CIPO is optional but helps prove ownership.

Copyright infringement is doing, without the owner's permission, something that only the copyright owner has the right to do, such as copying, publishing, performing or communicating a substantial part of a protected work. Some uses are permitted by exceptions such as fair dealing. Infringement is mainly a civil matter, with criminal offences reserved for serious commercial conduct.

Corporate governance is the system of rules and practices by which a company is directed and controlled. For a BC company it is set by the Business Corporations Act, the company's articles and any shareholders agreement, and covers how directors are elected, how they exercise their fiduciary duties, how meetings and resolutions work, and what records must be kept.

Corporate law is the law governing how companies are formed, owned, managed and wound up. In British Columbia it is mainly the Business Corporations Act, which governs incorporation, articles, shares, directors' duties, shareholder meetings and remedies such as the oppression remedy, supplemented by securities law when shares are issued or traded.

A corporate reorganization is a change to a company's share structure, ownership or group structure, such as a share exchange, estate freeze, holding company insertion or amalgamation. In British Columbia it is carried out under the BCBCA, often by special resolution, and is usually structured to defer tax under sections 85, 86 or 87 of the Income Tax Act.

The Court of Appeal for British Columbia is the province's highest court. It hears appeals from the BC Supreme Court and some tribunals, usually before three justices, and corrects legal errors while deferring heavily to findings of fact. Many appeals require leave, and its decisions can be appealed to the Supreme Court of Canada only with leave.

Credit reporting is the collection and supply of information about an individual's credit history by a reporting agency. In British Columbia, Part 6 of the Business Practices and Consumer Protection Act regulates reporting agencies and when a credit report may be obtained, and businesses that obtain or use a report must also comply with the Personal Information Protection Act.

Cyberbullying is the use of electronic communication, such as social media, messaging or email, to harass, threaten, humiliate or intimidate someone. It is not itself a defined legal offence in Canada. Depending on the conduct, it may give rise to criminal charges, civil claims such as defamation, workplace obligations, or remedies for sharing intimate images.

Cybercrime refers to criminal offences committed using computers, networks or the internet, such as hacking, fraud, identity theft, ransomware and damage to data. It is a descriptive term rather than a single offence. In Canada, criminal law is federal, so cybercrime offences are found in the Criminal Code and other federal statutes.

Cyber liability is the legal exposure a business faces when a cyberattack, data breach or system failure causes harm, including claims by affected individuals or customers, regulatory investigations, and its own costs of response and recovery. Cyber liability insurance is designed to cover some of these costs, depending on the policy.

Cybersecurity refers to the measures a business uses to protect its computer systems, networks and data from unauthorized access, theft or damage, such as access controls, encryption, backups, staff training and incident response plans. It is a technical and risk management term; the legal requirements come mainly from privacy law and from contracts.

Damages are money a court or tribunal orders one party to pay another to compensate for loss caused by a breach of contract or a civil wrong such as negligence or infringement. In British Columbia, damages are limited by remoteness and the claimant's duty to mitigate, and a claim must usually be started within two years.

Data protection is the body of law governing how organizations collect, use, disclose, secure and dispose of personal information. In BC, private sector organizations are governed by the Personal Information Protection Act (PIPA), while federally regulated businesses and cross-border commercial transfers fall under the federal PIPEDA.

Debt collection is the process of recovering money owed. In British Columbia, Part 7 of the Business Practices and Consumer Protection Act restricts how debts are collected, particularly from individuals, and collection agents must be licensed. Commercial creditors enforce unpaid debts by suing and then enforcing judgments under the Court Order Enforcement Act.

Defamation is the publication to a third party of words or images that tend to lower a person's or company's reputation. In British Columbia, the claimant proves the words were defamatory, referred to it and were published; falsity and damage are then presumed. Defences include truth, fair comment, qualified privilege and responsible communication.

Default is a failure to perform a contractual or legal obligation, such as missing a loan payment or breaching a covenant. Loan and security agreements list events of default that let a lender demand payment and enforce security. In a British Columbia lawsuit, failing to respond to a claim on time can lead to default judgment.

To defend, in civil litigation, means to respond to a claim brought against you. In the BC Supreme Court, a defendant does this by filing a response to civil claim that admits or denies the facts alleged and sets out its own version and any legal defences. A defendant may also bring a counterclaim or third party claim.

Delay, in contract law, means a party's failure to perform an obligation by the time required by the contract. Whether delay is a breach, and what remedies follow, depends on the contract terms, including any deadlines, notice requirements, liquidated damages clauses and force majeure clauses. Where time is of the essence, late performance may allow termination.