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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

  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 a judge of the Superior Court sitting at the (City) Courthouse located at (address), on (date) at 9:00 a.m., in courtroom (number).
Moreover, TAKE NOTICE that, pursuant to article 825.10 of the Code of Civil Procedure (C.C.P.), you must, not less than five (5) clear days before the presentation of the present motion, serve upon the plaintiff a copy of the CHILD SUPPORT DETERMINATION FORM and/or FORM III, the sworn statement provided for under article 827.5 of the C.C.P. and the prescribed documents, including a mediator’s report if the dispute involves a child. Do govern yourself accordingly.”

Paul can consult a lawyer or he can contact the lawyer representing his ex in order to negotiate a settlement. But first, Paul would like to understand the nature of the documents he is being asked to bring to court. Fortunately, these documents are available on government websites.

Child support determination form (Schedule I)

http://www.justice.gouv.qc.ca/english/formulaires/modele/forfix-a.htm.

You must attach to this form a copy of your federal and provincial income tax returns and the assessment notices for the previous fiscal year. You must also attach any other document used to establish income, such as:

  • Financial statements showing income from a business or self-employment;
  • A statement of income and expenses for an immovable;
  • The most recent pay cheque stub (work, unemployment, insurance);
  • Proof of your assets and liabilities.

Section 9 of the Regulation respecting the determination of child support payments1 sets out the obligation for parents to disclose their income from all sources in order to pay fair and appropriate support for their children. The Court of Appeal has ruled that this disclosure obligation applies to the parties because it is of public order.2

If the information provided by the parents is incomplete, inaccurate or contested, the court itself may determine the income, as provided for in article 825.12 of the C.C.P.


1 R.R.Q., c. C-25, r 6.2 Droit de la famille-101619, 2010 QCCA 1324, available on the site www.jugements.qc.ca.



Legal brief *
December  2012
Number  14
Text prepared by   Me Angela Todaro,avocate au bureau d’aide juridique Maisonneuve-Mercier à Montréal
 
* 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.
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 circu
more
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