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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 2012

Legal brief
I've just received proceeding from my ex-Demystifying the notice of presentationThis hypelink opens a PDF file in a new window.
Paul receives an Application for divorce and a Motion for provisional measures from his ex-wife, which contains the following Notice of presentation at the end:

TAKE NOTICE that the present motion will be presented for a ruling at a hearing before
Help! I signed something ... and now I regret it!This hypelink opens a PDF file in a new window.
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,< more
He wants to sponsor his cuban princessThis hypelink opens a PDF file in a new window.
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
Employment insurance and quitting: Are they incompatible?This hypelink opens a PDF file in a new window.
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
The role of the child's lawyerThis hypelink opens a PDF file in a new window.
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
The importance of having a willThis hypelink opens a PDF file in a new window.
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”.1

Perhaps you are in a couple and are worried that when your common law spouse dies, one of his relatives will claim property you both purchased together or, worse, will take possession of your own property, for which you have not kept any purchase receipts. Or perhaps you are single and have no children and, when you die, you would like to leave your possessions to your godchild or to someone else of whom you are particularly fond.

In all cases, it is advisable and even necessary, in order to avoid misunderstandings and ensure your relatives respect your last wishes, to draft your own will or ask a legal advisor—either a notary or a lawyer—to draft one for you.

There are three types of wills in Québec.

A holograph will is a will entirely in your own handwriting and signed by you. It is advisable to date it and ensure it is kept in a safe place. Contrary to popular belief, no witnesses are required for this type of will. If you do not feel comfortable drafting your own will, the other two types of wills may be more suited to your needs.

The second type of will is a will made in the presence of witnesses. It need not be entirely in your own handwriting; you can ask another person to write it for you, either by hand or on the computer. However, it must absolutely be signed by you, as well as by two witnesses who are at least 18 years old and who must sign it in your presence.

Finally, the third type of will is a notarial will that is drafted and read by your notary and signed by you before a witness. According to law, is an authentic document. Consequently, only notarial wills need not be homologated. Homologation is a procedure for probating wills in which the will is submitted to a court so the court can check its validity and the authenticity of the testator’s signature, allowing for copies of the will to be issued.

It should be noted that witnesses to a will made in the presence of witnesses or a notarial will cannot inherit under that will.

The type of will used by lawyers is the will made in the presence of two witnesses.

In all cases, the will must accurately express your last wishes: principally, the people to whom you have chosen to leave your property when you die and the person you have appointed as liquidator, who will be responsible for faithfully carrying out your wishes, in particular, by distributing your property to your heirs after paying your debts.

What else should your will contain? In short, a will usually mentions the type of funeral arrangements you want. Do you want to be cremated? Do you wish to pick your burial plot yourself? Do you want a funeral service? All of these matters, and many others, can be dealt with in your will.

1 http://www.justice.gouv.qc.ca/english/publications/generale/success-a.htm - Under Publications /General information / Your business / Successions.

Legal brief *
October  2012
Number  09
Text prepared by   Me Léopold Vézina,avocat au bureau d’aide juridique de Chicoutimi
* 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.
Can non-custodial parents decide to travel abroad on their own with their child?This hypelink opens a PDF file in a new window.
X had been living in Québec for three years, having immigrated after being sponsored by his wife, Y, who had been living and working in Québec for 10 years. The couple separated and the mother initiated divorce proceedings. The judgment on provisional measures awarded custody of the child to the mot more
Young persons: Arrest and the right to a lawyerThis hypelink opens a PDF file in a new window.
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 more
Can the DYP place my child for a long time?This hypelink opens a PDF file in a new window.
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 more
You have received a notice of rent increase: what should you do?This hypelink opens a PDF file in a new window.
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
I just found out that I am not my child's fatherThis hypelink opens a PDF file in a new window.
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 more
Deprivation of parental authority and adoptionThis hypelink opens a PDF file in a new window.
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
Can my spouse adopt my childThis hypelink opens a PDF file in a new window.
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 more
© Commission des services juridiques Création: Diane Laurin - 2017