Glossary beginning with W

Waiver of fees

Persons with a low income can apply to the court to have their court fees, including filing fees, waived by filing this form. If you qualify for the waiver, this means that you won’t have to pay most court fees. Note: if filing a Joint Application for Divorce, both parties must qualify for the waiver. Proof of income must be attached to the waiver, for example, a recent pay stub, social assistance stub, or tax return.

Will

A will, sometimes called a ‘Last Will and Testament,’ is a formal document that says how someone’s estate (property and things that they own) is to be dealt with when they die.

Will-say statements

A list of people who will be appearing as witnesses in a hearing or trial, with brief explanations of why they are being called as witnesses.

Witness box

The place in the courtroom where a witness sits when giving their testimony

Witness list

A written list of the people who are going to testify for your case in court. If you are giving your own testimony, your name would likely be included on your witness list.

Witnesses

people who give evidence to the court so that the judge has information to make a decision. In most cases, witnesses give their evidence in the form of an affidavit. An affidavit is a written statement of fact relating to the issues being dealt with by the court in a case. Witnesses who file affidavits must be present at a hearing or trial to be cross-examined, unless a judge orders otherwise. This means they can be questioned by the other side or their lawyer about the information they gave in their affidavit. Witnesses may also give their evidence in the courtroom (orally, on the witness stand) without an affidavit if the judge allows. Witnesses can be required to attend a hearing or trial if they are served with a subpoena. See also 'expert witness.'