Legal Information/ Legal Briefs
Legal Briefs
Until 2010, these legal briefs provide examples of judgments pertaining to everyday situations. Beginning in 2012, they deal with various topics of general interest, such as rental issues, family law, human rights, civil liability, insurance, dealings between spouses and social aid. They are intended to inform and to prevent undesirable situations.
Legal Briefs 2012
December
Help! I signed something ... and now I regret it!
You’ve just purchased goods from an itinerant merchant (often referred to as a travelling salesman) who interrupted you at home while you were watching your favourite TV show. You regret making the purchase and would like to cancel it. You should know that, under the Consumer Protection Act,<
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November
He wants to sponsor his cuban princess
The Facts
Jean-Claude, a youthful and divorced 60-year-old retiree, is fascinated by Cuban culture, particularly its performing artists. During his first trip to Cuba, three years ago, he met his soul mate, Maria, an outstanding dancer who was 25 years old and sing
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November
Employment insurance and quitting: Are they incompatible?
Employment insurance legislation stipulates that a person cannot receive benefits if they are without a job due to their misconduct or if they voluntarily leave their job without just cause.
If you quit your job, you may still be able to receive benefits if you can prove that, under the circu
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October
The role of the child's lawyer
For a number of years, children have had the right to be represented by a lawyer in youth protection hearings involving them before the Court of Québec, Youth Division.
A lawyer who represents a child in these circumstances cannot simply do as he pleases. There are three situations to conside
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October
The importance of having a will
Having a will is important, because without one, it is the Civil Code of Québec that will determine who receives your property. You can read about the rules for the transmission of property when someone dies without a will on the Justice Québec website, in the section entitled “Successions”.<
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September
Young persons: Arrest and the right to a lawyer
Like all citizens, young persons between the ages of 12 and 17 who are arrested or held in custody by the police in connection with an offence have the right to be informed of the reasons for their arrest, their right to remain silent and their right to obtain immediate assistance from a lawyer, and
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June
Can the DYP place my child for a long time?
The Youth Protection Act (YPA) requires the Director of Youth Protection (DYP) to carry out an investigation when a credible report is made that a child has been abandoned, neglected or psychologically, sexually or physically abused, or if a child has serious behavioural problems that the par
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June
You have received a notice of rent increase: what should you do?
A notice of rent increase must not be an indirect means to evict a tenant. You have the right to remain in your premises and have your lease renewed automatically.
When a lease is being renewed, the landlord can modify the amount of the rent. In a twelve-month lease, the landlord must give a notice of amendment to the tenant at least three months, but not more than six months, before the end of the lease.
Therefore, if the lease ends on June 30th, the landlord must send the notice of rent increase to the tenant between January 1st and March 31st.
The notice must indicate the amount of the new proposed rent, the amount of the increase or the increase as a percentage of the current rent. The notice must also indicate the deadline within which the tenant can refuse the proposed change.
A tenant who refuses the change proposed by the landlord must, within one month of having received the notice, notify the landlord of his refusal or notify the landlord that he will be leaving the dwelling when his lease expires. If the tenant fails to do so, he will be deemed to have accepted the renewal of the lease under the conditions proposed by the landlord.
Certain exceptions apply if the dwelling is located in a housing cooperative or in a building that was recently built. If one of these situations applies, it will be indicated in section F of the lease.
If a tenant refuses the proposed change, the landlord may, within one month of having received the notice of refusal, submit the matter to a court (the Régie du logement) in order to have the rent set. If the landlord fails to do so, the lease will be automatically renewed under the former conditions.
For evidentiary purposes, it is preferable to send notices by registered mail and keep a copy of the dated and signed notices.
If you come to an understanding with your landlord, it is important to sign a new lease setting out the new conditions.
Sample notices and replies are available on the website of the Régie du logement at http://www.rdl.gouv.qc.ca/en/accueil/accueil.asp
Legal brief *
June
2012
Number
05
Text prepared by Me René Durocher,avocat au bureau d’aide juridique de Jonquière
* The information set out in this document is not a legal interpretation.
The masculine is used to designate persons solely in order to simplify the text.
May
I just found out that I am not my child's father
Mario and Joanie have been living together for several years and have a child together. The birth certificate of the child, whose name is Vincent, indicates Mario and Joanie as his parents. The couple separates when Vincent is seven years old. Despite the separation, Mario continues to take care of
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May
Deprivation of parental authority and adoption
The Civil Code of Québec confirms that fathers and mothers have the rights and duties of custody, supervision and education of their children; this is a core natural principle.
This parental authority allows parents to look after their children by exercising these rights and duties, wh
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April
Can my spouse adopt my child
The reality of today’s families and the fact that many parents will be part of more than one couple during their lifetime is not without its repercussions on their children. These children will have several parental figures during their childhood. Family law lawyers have noted a new upsurge in the n
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