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
December
Help! I signed something ... and now I regret it!
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,1 you have ten (10) days within which to do so.
It is important to note that these provisions of the statute apply only to itinerant merchants, that is, a merchant who, personally or through a representative, solicits or enters into a contract with a consumer elsewhere than at the merchant’s address. Therefore, if a consumer goes to a merchant’s place of business, he will not have the benefit of the 10-day period within which to cancel the contract.
When an itinerant merchant comes to your home, it is strongly recommended that you check whether he holds a permit issued by the Office de la protection du consommateur, so as to ensure he has furnished security which could be used to compensate consumers in the event of a problem.
The purpose of the statute in giving consumers the right to cancel a contract within a period of ten (10) days is to allow them to examine the contract and consider its consequences, obtain advice from those close to them or from informed persons and compare the price and quality of competitors’ products, all without any pressure.
In order to cancel a contract, the consumer must send the merchant a cancellation form or similar written notice, preferably by registered mail. Furthermore, the consumer must return the purchased goods to the merchant. When returning the goods, it is recommended that the consumer have someone come with him or that he ask for a receipt indicating the date on which the return was made. It should be noted that a mere telephone call or stop payment order on a cheque does not constitute a cancellation of a contract for purposes of the statute.
Following the notice of cancellation, the merchant has fifteen (15) days within which to return any money that has been paid. The merchant must also assume any costs for returning the goods.
You should also know that the statute contains exceptions to the rule; thus, certain contracts of sale by itinerant merchants are not subject to the cancellation period. For example, these include contracts for $25.00 or less, contracts for the sale of food products that are not frozen at the time of their delivery and distance contracts (e.g., contracts entered into over the phone). It may be appropriate to consult a lawyer to determine whether you can benefit from this protection.
1 R.S.Q., c. P-40.1.
Legal brief *
December
2012
Number
13
Text prepared by Me Nathalie Aubin,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.
November
He wants to sponsor his cuban princess
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
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November
Employment insurance and quitting: Are they incompatible?
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
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October
The role of the child's lawyer
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
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October
The importance of having a will
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”.<
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September
Young persons: Arrest and the right to a lawyer
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
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June
Can the DYP place my child for a long time?
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
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June
You have received a notice of rent increase: what should you do?
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
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May
I just found out that I am not my child's father
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
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May
Deprivation of parental authority and adoption
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
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April
Can my spouse adopt my child
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
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