Skip to Main Content

Prince Edward Island Court of Appeal

print small medium large 


Glossary of Terms (Civil)


A statement written down and sworn or affirmed to be true. An affidavit must be signed before a notary public or commissioner of oaths.


Examination by a higher court of the decision of a lower court or tribunal. The higher court may affirm, vary or reverse the original decision.


The person or party bringing the appeal to court.

Appeal Book:

Filed copies of the lower court exhibits and affidavits, bound in a volume.

Appeal Record:

Filed copies of the pleadings, order and reasons for judgment of the lower court, and the notice of appeal, bound in a volume.

Appeal allowed:

The Court had decided in favour of the appellant (the party bringing the appeal).

Appeal dismissed:

The Court has decided in favour of the respondent (the party against whom the appeal is brought) and against the appellant.


See Motion

Application (Motion) for Leave to Appeal:

The procedure for requesting the Court’s permission to hear an appeal.

Book of Authorities:

A list and photocopies of past legal cases that are relevant to the issues and are referred to in the factum. The Court of Appeal publishes a list of frequently cited cases, which parties may refer to without copying and filing the case report.


A matter relating to an appeal during the course of an appeal proceeding heard in a courtroom usually before a single judge of the Court of Appeal.

Civil Action:

A "civil" suit (case) is a court proceeding which involves legal issues between individuals, corporations or governments. These are non-criminal issues. A civil case is started when there is disagreement on a legal matter.

Civil Procedure Rules:

Rules governing practices or procedures before the court that involve individuals, organizations or governments. They are rules of practice which have been enacted pursuant to the Judicature Act. Generally the Rules do not refer to criminal cases.


Money spent to carry out or defend an appeal which a party is allowed to recover. The unsuccessful party is usually ordered to pay part of the expenses associated with the successful party’s litigation.


An appeal filed by a respondent where the respondent wants to appeal something from the judgment of the lower court and the appellant has already commenced an appeal.

Entering an Order:

Once an order has been pronounced, a document (order) is prepared that sets out the decision of the court or judge. This order must be filed with the Registry and distributed in accordance with the Rules.


Evidence that was relied upon by the lower court or tribunal.


A bound volume filed with the Court that is made up of the following parts: index, chronology, opening statement, statement of facts, issues on appeal, argument, and nature of the order sought.


Final decision of the Court in a legal proceeding. The terms "judgment" and "decision" are interchangeable. A judgment may be written or given orally in court.


Permission of a judge in chambers or a panel of judges to take a step, in certain types of cases, to proceed with the appeal (for example, "leave of the court" must be obtained to commence an appeal).


An application (request) to the Court for an order or judgment which occurs during the course of a court proceeding. Motions are a common occurrence and can be made for many purposes, including asking for extensions of time to file an appeal. A motion must be brought by notice and include an affidavit giving details of the motion.

Motion (Application) for Leave to Appeal:

The procedure for requesting the Court’s permission to hear an appeal.

Notice of Appeal:

The form completed by the appellant to start the appeal process.

Notice of Motion:

The form completed by the appellant or respondent to being a process in chambers.


A decision of a Court or other decision-making body. It may or may not be the final outcome of the matter.


The panel of three judges of the Court who will hear the appeal.

Party or Parties:

The party who brings the proceeding to the Court of Appeal is called the appellant. The appellant appeals the decision of a lower court or tribunal. The party against whom an appeal is brought and who must respond to the appellant’s case is called the respondent.


Remedies can be monetary, declaratory or injunctions. Monetary remedies (damages) are most common. The Court of Appeal "remedies" include affirming or reversing the original decision, varying in total or in part the judgment of the lower court, and in some cases, ordering a new trial.

Reserved judgment:

When a judge or judges do not immediately give their decision, but issue a written decision at a later date.


The person who is in response to, or in opposition to the proceeding, following specific rules set out in the Rules (or any other applicable statute).

Serve or Service:

The delivery of a document, which has been filed with the court, to another party to the proceeding. The Rules set out procedures that must be followed when serving documents, for example, the manner of the service (e.g. priority mail, personal by hand) and the time frame within which service should occur.


A law or Act enacted or passed into law by Parliament or a legislature.


To postpone the judgment or order pending a decision.


A transcriber is a person who types and prepares a record of the proceedings. A court transcriber is certified by the court to do so.


A typed record of the oral proceedings before the court or tribunal under appeal, including the evidence given by the witnesses who testified at the trial.

back to top