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
I've just received proceeding from my ex-Demystifying the notice of presentation
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
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,<
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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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