| Contact us @  |   Aa  ⇧ Français         
 
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

  Month
Number
Legal brief
December
 14
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
more
December
 13
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
November
 12
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
more
November
 11
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 circumstances, quitting was the only reasonable option.The law sets out a number of situations in which voluntarily leaving a job is justified:

- sexual or other harassment;- obligation to accompany a spouse or dependent child to another place ofresidence;- discrimination based on a prohibited ground of discrimination within themeaning of the Canadian Human Rights Act;- working conditions that constitute a danger to health or safety;- obligation to care for a child or a member of the immediate family;- reasonable assurance of another job in the immediate future;- significant modification of terms and conditions of remuneration;- excessive overtime work or refusal to pay for overtime work;- significant changes in work duties;- antagonism with a supervisor if the employee is not primarily responsible forthe antagonism;- practices of an employer that are contrary to law;- discrimination with regard to employment because of membership in anassociation, organization or union of workers;- undue pressure by an employer on the employee to leave their employment.

If you receive a decision denying you benefits, you can appeal the decision to a board of referees,1 who may amend the decision after having given you the opportunity to be heard. You will have 30 days following receipt of the decision within which to file a written appeal. The board of referees is an independent and impartial administrative tribunal composed of three members from the community.



The board of referees will hold a hearing during which it will examine the evidence presented to it. At that time, you will have the opportunity to be present in person and explain your case and provide additional information that is not contained in the appeal file, which you will have received prior to the hearing. Thereafter, the board of referees will render a decision based on the Employment Insurance Act2 and its regulations. 
If the board of referees’ decision is not in your favour and you wish to file an appeal, you will have 60 days following receipt of the board of referees’ decision within which to inform the Service Canada Centre in writing of your intention to appeal to an umpire.3 Appeal forms are available online at:

http://www.servicecanada.gc.ca/eforms/forms/hrsdc-ins3042(2006-06-001)e.pdf

An umpire’s decision is final and cannot be appealed; however, it is subject to judicial review.


1Please note that the board of referees and the umpire will be replaced by the Social Security Tribunalas a result of Bill C-38. These provisions are not yet in force.


Legal brief *
November  2012
Number  11
Text prepared by   Me Chantal Désy,avocate au bureau d’aide juridique d’Alma
 
* 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.
October
 10
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
more
October
 09
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”.< more
September
 08
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
September
 07
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
June
 06
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
June
 05
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
more
May
 04
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
May
 03
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
more
April
 01
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