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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? Should I notify my lessor? Do I have to pay three months of rent?

THE FACTS

The parties were bound by a lease for the period from July 1, 2003 to June 30, 2004 at a monthly rent of $419.


The lessee left the dwelling on November 3, 2003 in order to go live in a seniors’ residence, but she did not send the notice of termination to the lessors, as provided for in article 1974 of the Civil Code of Québec.


However, on or about October 17, 2003, the parties had signed an agreement providing for the resiliation of the lease as of November 1, 2003. The lessee was to vacate the dwelling as of November 1, 2003. The lessee was to pay the lessors an amount of $419 on the day of the move as an indemnity for re-leasing the dwelling, without any recourse for claims against the lessors for the month of November, and she was to provide a cheque in the amount of $838 dated December 1 covering the months of December and January 2004.


The lessee paid for the month of November 2003, but payment on the cheque for $838 was stopped.

THE ISSUE

The lessors claimed the amount of $848 further to the lease resiliation agreement.

THE DECISION

The Régie du logement found the transaction to be valid and it ordered the lessee to pay the lessors the amount of $848, plus interest at the legal rate and the additional indemnity provided for in article 1619 of the Civil Code of Québec as of January 5, 2004, together with the judicial costs in the amount of $65.

THE GROUNDS

The lessee claimed that she did not owe anything to the lessors, because the dwelling had been leased very quickly after her departure.


The lessors stated that they had collected rent only as of January 1, 2004.


The Régie du logement determined that the agreement entered into on October 17, 2003 constituted a transaction that could be annulled only for the reasons provided for by law.


Article 1974 of the Civil Code of Québec provides as follows:


“A lessee may resiliate the current lease if he is allocated a dwelling in low-rental housing or if, by reason of a decision of the court, he is relocated in an equivalent dwelling corresponding to his needs; he may also resiliate the current lease if he can no longer occupy his dwelling because of a handicap or, in the case of an elderly person, if he is admitted permanently to a residential and long-term care centre or to a foster home, whether or not he resides in such a place at the time of his admission.


Unless otherwise agreed by the parties,resiliation takes effect three months after the sending of a notice to the lessor, with an attestation from the authority concerned, or one month after the notice if the lease is for an indeterminate term or a term of less than twelve months.”


The lessee could have sent the notice, but she did not. Consequently, the transaction had to be interpreted outside the framework of this article.


The Régie du logement referred to the fact that when a lessee wishes to terminate his lease during the term of the lease, he has several options, including that of negotiating with the lessor.


The evidence did not show that the lessee, despite her age, had been misled, intimidated or otherwise forced to sign the agreement in question. The lessee had had the possibility of finding out about her rights but, for personal reasons, had not availed herself of that right. Given that the agreement provided that the lessee was to vacate the dwelling on November 1, 2003, nothing prevented the lessors from re-leasing the dwelling thereafter.


The Régie du logement stated that if the lessee had wanted to benefit from the protection under article 1974 of the Civil Code of Québec she should have sent the statutory notice, but she had not done so.

The evidence did not show that the lessee, despite her age, had been misled, intimidated or otherwise forced to sign the agreement in question.


References
Vadnais et Savignac v. Paradis, RL05026, 29 040105 005 G, February 11, 2005, Commissioner: Me Pierre Thérien


Legal brief *
September  2010
Number  13
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.
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? more
 
© Commission des services juridiques Création: Diane Laurin - 2017