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 2013
December
Same-sex spouses, a reality... know your rights! 
MARRIAGE
In Québec, since March 19, 2004, it has been possible for same-sex couples to marry or enter into a civil union.
As a result, in the event of a separation or divorce, same-sex couples who are married or in a civil union benefit from the various types of protection provi
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November
What is child pornography?
Perhaps you sometimes visit porn sites. So as not to commit an offence associated with child pornography, you must avoid accessing images or films that show a person who is or is depicted as being under the age of 18.
Child pornography is a crime that was added to the Criminal Code fai
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October
HAS - Homologation assistance service for agreements
The HAS is intended for parties who wish, for whatever reason, to modify arrangements pertaining to child custody or access rights or to support involving a child or a child and a former spouse, where the parties have previously obtained a judgment with respect to child custody or support. Only peop
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September
How can a decision of the Régie du logement be executed?
Martin sued his landlord before the Régie du logement for damages and to force him to make repairs to his dwelling. After a lengthy legal battle, Martin obtained a judgment in his favour granting him $1,500 in damages.
Now, Martin is wondering what to do in order to collect the sums owed to h
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June
Can I be compensated by the IVAC and also sue my attacker?
Joëlle was the victim of a violent crime that caused her serious injuries, some of which will never heal. Her attacker was caught and she is therefore thinking about taking him to court in order to be compensated for the harm she suffered. In addition, Joëlle was informed by the investigators in cha
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May
Misconduct and employment insurance
Section 30 of the Employment Insurance Act1 stipulates that a person cannot receive employment insurance benefits if they lose their job because of their misconduct or if they voluntarily leave their job without just cause. The notion of misconduct has been defined in the case law
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May
The obligation of support for spouses
Marie and Robert have been married for 25 years. During their marriage, Robert worked as an engineer in a well-known company and, on average, earned $150,000 a year. Marie stayed home to look after their three children and their home. During this time, Marie never held a paying job, because she was
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April
The IVAC says I’m the author of my own misfortune – What can I do?
Pierre-Olivier occasionally uses illegal drugs. One day, he asks a friend to get him some drugs for a party he is organizing at his home that weekend. During a meeting a few hours after the transaction, the two men get into a verbal argument about an old love feud that goes back several years. While
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March
Repossession of the dwelling by the landlord
Marc and Claudia have been tenants in the same dwelling for the past 10 years. Two days ago, they received a notice of repossession of the dwelling from their landlord.
The landlord informed them that he will repossess their dwelling at the end of the lease, so his 18-year-old son, who is a f
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March
I was injured at work - What should I do?
Nowadays, people are quite familiar with the program of the CSST (Commission de la santé et de la sécurité du travail) and know that they can claim benefits from this agency if they are injured at work. However, when filing an application, many people approach the process rather clumsily, both as re
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February
Child support
Arthur and Marine had been living together for 5 years. They had two children, Philippe and Frédéric.
For some time, things between them had not been going well and they decided to separate. They therefore each found a new place to live and agreed that Marine would have custody of the children and that Arthur would have a right of access every second weekend.
Arthur, a bank manager, earns an annual salary of $47,000. As for Marine, she works for minimum wage in a store that sells children’s clothing and earns income of approximately $18,200.
Arthur is refusing to pay Marine child support for their two children, despite the fact that he is required to contribute towards their needs. Marine has decided to go to court and is wondering how the court will determine the amount of child support.
Here is some information that may enlighten Marine.
First, the minimum amount of support is established through a calculation made in accordance with the Regulation respecting the determination of child support payments.1 The regulation contains a scale that determines the basic parental contribution, that is, the amount necessary to meet the children’s basic needs. This amount is then apportioned between both parents, in proportion to their respective incomes.
The following expenses, which are also shared in proportion to the parents’ incomes, may be added to this basic amount: child care expenses, post-secondary education expenses and, under certain conditions, other special expenses (such as orthodontic expenses, private school fees, summer camps…)
Additional needs must be proved in court in order to be included in child support.
Thus, child support payments are calculated according to the scale, taking the following items into consideration:
- the number of children;
- the income of each parent; and
- the additional expenses mentioned above;
as well as:
- the type of custody (shared custody or sole custody); and
- the number of days of access the non-custodial parent will have.
It should be noted that the amounts a parent receives as last resort financial assistance (social aid), financial assistance for education expenses from the Ministère de l’Éducation (loans and bursaries) and family-related government transfers, such as family allowance, are not considered to be income for purposes of calculating child support.
Child support calculated in this manner will be payable by the non-custodial parent to the custodial parent. In the case of shared custody, the parent with the higher income may have to pay child support to the other parent.
It should be noted that child support covers the following basic needs:
- food;
- lodging;
- communications;
- housekeeping;
- personal care;
- clothing;
- furniture;
- transportation;
- recreation; and
- basic elementary and high school fees.
You may consult a sample child support determination form as well as the basic parental contribution determination table at:
http://www2.publicationsduquebec.gouv.qc.ca/dynamicSearch/telecharge.php?type=2&file=/C_25/C25R6_A.HTM
(In particular, on the website of the Publications du Québec, under the tab “Laws and Regulations”, click “Compilation of Québec Laws and Regulations” and then “List of laws”, and choose “C-25 - Code of Civil Procedure”, then “Corresponding regulations” and then “C-25, r. 6”)
Note: The sample form is found in Schedule I of the Regulation respecting the determination of child support payments and the basic parental contribution determination table is found in Schedule II.
1 R.R.Q., c. C-25, r. 6.
Legal brief *
February
2013
Number
04
Text prepared by Me Aliaa Elhage,avocate au bureau d’aide juridique Sud-Ouest à Montréal
* 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.
January
My neighbours are too noisy.What are my rights?
You've been living for a short while in an apartment that seemed to be a peaceful haven when you visited the premises before signing the lease. Now, however, you are being disturbed by neighbours who have little respect for your peace and quiet. They turn up the music, even late at night, slam doors
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January
Psychosocial assessments in family matters:Part of the Evidence
A psychosocial assessment is an assessment performed by a specialist in social sciences. It is a complete and unbiased assessment of the family and social situation of a child about whom there is a court dispute involving custody or visitation rights.
The purpose of the expert assessment is t
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