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 2009
December
As a result of my automobile accident, I no longer have any income 
THE FACTS
For two years, the claimant had held employment with a mining drilling company. He worked on call when the company required him to work. For more than six months, he had been working on a cycle of 28 consecutive days on the company’s job site, followed by 14 consecutive days of
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November
I filed a lawsuit in Small Claims Court
You filed a lawsuit in the Small Claims Court. You were told that you could not be represented in Small Claims Court by a lawyer, yet the other party is represented by a lawyer who is an employee of the company. Can a lawyer represent his employer in Small Claims Court?
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November
Do my actions give rise to criminal liability?
When a person commits an act that has the effect of damaging property, the person will not always be criminally liable as a result, even if the act, on its surface, is wilful.
THE FACTS
The accused was separated from her husband who had a new spouse. At nightfall, she wen
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October
I am being held in custody at my parent’s house
Your youngster has been arrested following serious charges and the court is of the opinion that, for the public’s protection, he should be held in custody in a reception centre. Can he be placed in the care of a responsible person?
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October
Am I dangerous due to my mental state?
Ambulance attendants came to my house and took me to the hospital although I refused to go. Upon my arrival, the doctors refused to let me leave and they decided to keep me there even though I was firmly opposed to being hospitalized. Can I be kept in the hospital against my will?
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June
I was fired following a strike
You’ve been working in the public service for a number of years. Your union wins a strike vote and several days later, the strike begins. Your employer then fires you for having participated in an illegal strike. Are your union and your union representative responsible for your dismissal?
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June
I was injured while playing golf
While taking part in a golf tournament you were hit in the forehead by a golf ball as you were getting ready to make your tee shot on the 11th hole. Can the golfer whose ball hit you be required to compensate you for the damages you suffered?
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May
My coat is missing
After you have been seated at a restaurant, the waiter asks you to check your coat. At the end of the evening, your coat is missing. Can you make a claim against the restaurant for the value of your coat?
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May
My vehicle has been damaged
You leave your automobile with a garage owner for repairs. Your car is damaged while in the garage’s parking area. Is the garage owner responsible for the damages to your car?
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April
My neighbour is harassing me
Your relationship with your neighbour is tense. You think that he is harassing you and overstepping his property rights. What are the limits with respect to property rights?
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April
I've been badly injured
You go to a snow slide and rafting centre with your children. During a run, you are badly injured. Is the sliding centre responsible?
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March
Am I responsible for my partner's debt?
Your partner dies while engaged in a contract of suretyship (endorser). As the universal legatee (heir), are you responsible for your partner’s debt?
THE FACTS
In November 1996, the Caisse populaire loans $95,000 to a company. Mr. Beaulieu intervenes in the contract to guarantee the debt. In April 1997, Mr. Beaulieu dies, bequeathing his estate to his spouse, Ms. Dion. In December 2000, the company declares bankruptcy. The Caisse populaire sues Ms. Dion, Mr. Beaulieu’s heir, because he was the guarantor of the loan. Ms. Dion argues that the death of her spouse terminated the contract of suretyship and that any recourse on the part of the Caisse is stayed, because more than three years has gone by since Mr. Beaulieu’s death. The Caisse argues that the estate is responsible for any outstanding debt at the time of the death. Further, the Caisse argues that they have the right to make a claim because the debt could not have been claimed before December 2000 in any event because bankruptcy had not been declared before that date.
THE ISSUE
When a person who is contracted as a surety dies, are the heirs responsible for the debt?
THE DECISION
The Court concludes that Mr. Beaulieu’s heir is responsible for the debt and that the Caisse populaire is within the deadline for claiming the debt, because the stay of proceedings did not start until December 2000, or the date of the bankruptcy.
THE GROUNDS
The law clearly states that the death of a surety or, a person who has guaranteed a loan, terminates the guarantee. However, the estate of the surety remains responsible for any existing debts at the time of the death. New debts may not be added but existing debts that were not paid remain in place. However, the Caisse could not have claimed payment of the balance of the debt from Mr. Beaulieu’s estate before the principal borrower (in this case, the company) defaulted. The company in question had made the loan payments up to the time of the bankruptcy in December 2000. It was only after the company defaulted on the loan, which is to say following the declaration of bankruptcy, that the Caisse populaire could then claim the balance of the debt from Mr. Beaulieu. However, given that he had passed away, the claim had to be made against the estate.
Legal brief *
March
2009
Number
05
Text prepared by Le jugement dont il est question dans cette chronique a été rendu en fonction des éléments de preuves soumis au tribunal. Chaque situation est particulière. Dans le doute, nous vous suggérons de consulter un avocat de l’aide juridique. / The jugement discussed in this article was rendered based on the evidence submitted to the court. Each situation is unique. If in doubt, we suggest you consult a legal aid lawyer.
Update by Commission des services juridiques
* 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.
Febrary
My child has been injured
When leaving school one day, your five-year-old is injured by ice falling from the roof of a building. The building is adjacent to the only road leading to the school; the school has access to the road by virtue of a servitude granted to the School Board. Who is responsible for the damages in thi
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