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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 2010

  Month
Number
Legal brief
November
 18
Can I serve my sentence in the community? This hypelink opens a PDF file in a new window.

THE FACTS

After a night of partying during which the accused consumed some alcohol, the accused, an 18-year-old, decided to drive his friends home. He only had seven weeks of experience as a licensed driver and knew that his vehicle was not in good condition. According to the evidence, he dr
more
November
 17
Should you prepare a mandate in the event of incapacity? This hypelink opens a PDF file in a new window.
With our aging population and increasing life span, there is, unfortunately, a very real possibility that we will suffer an illness or accident. Should you prepare a mandate in the event of incapacity? more
October
 16
Do I have the right to see my grandchildren?This hypelink opens a PDF file in a new window.
I would like to see my grandchildren, but the mother of the children is against it. What are my recourses as a grandparent? more
October
 15
Am I entitled to a disability pensionThis hypelink opens a PDF file in a new window.
I have had serious health problems for years and I’m not 60 years old yet. I am unable to work. Am I entitled to a disability pension? more
September
 14
I want to have my father's will annulledThis hypelink opens a PDF file in a new window.
Your father informs you that you are one of the legatees named in his will as an heir. Shortly before his death, he changes his will and bequeaths all his property to someone else. Can you have this will, which you believe is unfair, annulled? more
September
 13
I have to resiliate my lease due to my loss of autonony This hypelink opens a PDF file in a new window.
I have lost my autonomy and I have a medical document confirming that I have to move into premises adapted to my needs. What should I do? more
June
 12
My right to privacy has been violatedThis hypelink opens a PDF file in a new window.

THE FACTS

While helping lift an obese patient from her chair, a worker felt a fierce burning sensation and shooting pain in her back, on the left side, and experienced difficulty lifting her left arm. In May 2005 she was diagnosed with a cervicodorsal sprain which was consolidated in Nove more

June
 11
My property has been seizedThis hypelink opens a PDF file in a new window.
As a result of unpaid debts, can a creditor seize all the moveable property in a residence? more
May
 10
A court has ordered that I be placed in a detoxification centre This hypelink opens a PDF file in a new window.
In principle, every person is free to accept or refuse to submit to health care. Exceptionally, a hospital centre may go to court to compel an unfit person to receive treatment despite the person’s categorical refusal, that is, against the person’s will. When dealing with treatment against a person’ more
May
 09
A police officer has asked my child for his version of the facts This hypelink opens a PDF file in a new window.
A youngster has been arrested and the police officer has asked him for his version of the facts. What are his rights? more
April
 08
I am not dangerous: When will my confinement in an institution end? This hypelink opens a PDF file in a new window.
An individual suffering from mental illness may be placed in confinement in a health care institution if he presents a danger to himself or to others due to his mental state. However, if the individual in question opposes the confinement, a court authorization is required. In order to obtain such an more
April
 07
My youngster is guilty of roberyThis hypelink opens a PDF file in a new window.
An offender is convicted of robbery. What is the best judicial decision for this youngster? more
March
 06
For how long can I be obliged to remain in a residential facility? This hypelink opens a PDF file in a new window.
What is the maximum duration of a residential placement order forcing a person to live in a residential facility? more
March
 05
I refuse to let my child have a blood transfusion This hypelink opens a PDF file in a new window.
Can parents refuse to let a doctor give a blood transfusion to their minor child on religious grounds? more
February
 04
Is my confinement in an institution necessary? Am I dangerous? This hypelink opens a PDF file in a new window.
In matters of confinement in an institution, judges are called upon to decide on a person’s dangerousness to himself or to others due to his mental state. Dangerousness is the only criterion on which a court must base itself in order to confine an individual in a hospital against his will. How do ju more
Februay
 03
I lost my job due to family obligations This hypelink opens a PDF file in a new window.
You leave your job to go to Guinea to stay with your father who is seriously ill. In the meantime, you learn that he has died and you go to his funeral in Guinea, where you take care of your mother who is also seriously ill. Upon your return, you are refused employment insurance benefits on the grou more
January
 02
Can wearing tinted eye glasses at night reduce vision quality? This hypelink opens a PDF file in a new window.

THE FACTS

On May 24, 2007, at approximately 9:42 p.m., an individual was driving his automobile on an unlit road while wearing black-tinted eye glasses. A police officer followed him for a while and stopped him. The individual claimed that his glasses made him look “cool”. The police offi more

January
 01
I live in a dwelling in low-rental housing and am frequently away from home This hypelink opens a PDF file in a new window.
You live in a dwelling in low-rental housing and are often away from home in order to visit your family and friends. Can the lessor ask for the resiliation of the lease due to the unoccupancy of the dwelling?

THE FACTS

Since April 1, 2002, the lessee had occupied a three-room dwelling in low-rental housing. The dwelling was located on the ground floor of a building comprised of fifteen dwellings. The parties were bound by a lease. On November 23, 2005, the lessor, acting through its lawyer, asked the lessee to provide a credible and valid explanation regarding her actual and permanent occupancy of the premises. At the same time, the lessor called upon the lessee to agree on the terms and conditions for surrendering the dwelling, alleging that there were signs indicating that the lessee was no longer using the dwelling as her habitual dwelling or principal residence.

THE ISSUE

Could the lessor ask for the resiliation of the lease on the ground that the lessee was not using the dwelling as a habitual dwelling or principal residence?

THE DECISION

The lessor did not prove the legal or factual basis for its application and the application was refused. The application to resiliate the lease was therefore dismissed.

THE GROUNDS

The lessor alleged that for several years, the lessee had not been using the dwelling as a habitual dwelling or principal residence. It further alleged that she had failed to respond to several notices asking her to meet with the lessor in order to prove her actual occupancy of the premises and, finally, that she admitted to being in the premises only very rarely. It argued that in so doing, the lessee had failed to use the dwelling for the prescribed purposes, had changed the destination of the premises, had diverted the premises from their intended use as a dwelling for a low-income family within the meaning of the Act respecting the Société d’habitation du Québec and had deprived a household in need of subsidized housing.

The evidence showed that the lessee, as well as her automobile, were rarely present in the leased premises, namely the dwelling and the parking space, and that there were therefore signs that the dwelling was unoccupied.

Through her testimony, the lessee indicated that she still considered the dwelling to be her place of residence, even though she stated that she was home only thirteen or fourteen days a month. She was often away from her dwelling because she was visiting her daughter, mother or brother, or her friends. The lessee denied the lessor’s allegation to the effect that she was using her dwelling only as a pied-à-terre. She was receiving disability benefits from the Régie des rentes rather than social assistance benefits and she owned a car, thereby allowing her to have a very active social life.

This did not allow the court to conclude that she had changed her domicile, that she no longer occupied her dwelling, that the dwelling had been allocated to her without right or under false pretenses or that her place of residence should be taken away on the ground that her occupancy of the premises was insufficient. The lessee was able to provide a valid explanation for the signs of unoccupancy reproached against her and, as for the rest, the evidence showed that her absences were due to personal factors related to her lifestyle. The lessee could not be faulted for living alone, wanting to see her relatives and friends, owning a car, travelling or wanting to act like a free and autonomous individual.

References
Office municipal d’habitation de Montréal v. Desrosiers, Régie du logement (Montréal) 31-060130-032 G, 2008/07/31, decision rendered by Éric Luc Moffatt.
R.S.Q., c. S-8, s. 51


Legal brief *
January  2010
Number  01
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.
 
© Commission des services juridiques Création: Diane Laurin - 2017