A list of terms and definitions used by the Motor Vehicle Accident Claims Program (MVAC):
Affidavit: This is a voluntary declaration of written facts that are sworn before a person that is authorized to administer an oath. The most common affidavit is an Affidavit of Service swearing that the Statement of Claim was served on the defendant.
Assignment of Judgment: This is a legal process and a document that, upon payment to the victim by MVAC, transfers the judgment to MVAC so it can collect from the defendant.
Certified: An authenticated or verified document, most commonly done for a certified copy of an original document.
Certificate: A written document in which a fact is formally attested. In this case, the Certificate confirms that your lawyer has explained that you have the
right to have their bill reviewed by the Clerk of the Court.
Defendant: The person against whom the lawsuit is commenced.
Dispute Note: The term used at Provincial Court for a document that gives the reasons that the plaintiff’s claim is disputed. See also: Statement of Claim.
Judgment: A determination made by a Judge or Court and set out in a document filed with the Court. A Consent Judgment is similar, except that is agreed to by the parties and then signed by a Judge or the Court and filed with the Court.
Liability: If a driver is at-fault for the accident, then he or she may have to pay the victim or their survivors for the injuries, deaths or property damage that were caused. This is referred to as liability. If the driver was not the owner of the vehicle, this liability may also extend to the owner if the driver possessed the vehicle with the owner’s consent.
Nominal Defendant: A defendant in name only. The Administrator of the Motor Vehicle Accident Claims Act is considered to be a nominal efendant because the Administrator did not actually cause the accident.
Questioning: A pre-trial hearing at which a party or his or her lawyer can ask
questions, under oath, of an opposing party to obtain evidence about liability, personal injuries, out of pocket losses, etc.
Statutory Declaration: This is a voluntary declaration of written facts that are declared before a person that is authorized to give an oath. The most common affidavit is an Affidavit of Service swearing that the Statement of Claim was served on the defendant.