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 2013
December
Same-sex spouses, a reality... know your rights! 
MARRIAGE
In Québec, since March 19, 2004, it has been possible for same-sex couples to marry or enter into a civil union.
As a result, in the event of a separation or divorce, same-sex couples who are married or in a civil union benefit from the various types of protection provi
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November
What is child pornography?
Perhaps you sometimes visit porn sites. So as not to commit an offence associated with child pornography, you must avoid accessing images or films that show a person who is or is depicted as being under the age of 18.
Child pornography is a crime that was added to the Criminal Code fai
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October
HAS - Homologation assistance service for agreements
The HAS is intended for parties who wish, for whatever reason, to modify arrangements pertaining to child custody or access rights or to support involving a child or a child and a former spouse, where the parties have previously obtained a judgment with respect to child custody or support. Only peop
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September
How can a decision of the Régie du logement be executed?
Martin sued his landlord before the Régie du logement for damages and to force him to make repairs to his dwelling. After a lengthy legal battle, Martin obtained a judgment in his favour granting him $1,500 in damages.
Now, Martin is wondering what to do in order to collect the sums owed to h
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June
Can I be compensated by the IVAC and also sue my attacker?
Joëlle was the victim of a violent crime that caused her serious injuries, some of which will never heal. Her attacker was caught and she is therefore thinking about taking him to court in order to be compensated for the harm she suffered. In addition, Joëlle was informed by the investigators in cha
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May
Misconduct and employment insurance
Section 30 of the Employment Insurance Act1 stipulates that a person cannot receive employment insurance benefits if they lose their job because of their misconduct or if they voluntarily leave their job without just cause. The notion of misconduct has been defined in the case law
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May
The obligation of support for spouses
Marie and Robert have been married for 25 years. During their marriage, Robert worked as an engineer in a well-known company and, on average, earned $150,000 a year. Marie stayed home to look after their three children and their home. During this time, Marie never held a paying job, because she was
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April
The IVAC says I’m the author of my own misfortune – What can I do?
Pierre-Olivier occasionally uses illegal drugs. One day, he asks a friend to get him some drugs for a party he is organizing at his home that weekend. During a meeting a few hours after the transaction, the two men get into a verbal argument about an old love feud that goes back several years. While exchanging words, Pierre-Olivier’s friend loses his temper and attacks him physically, seriously injuring him.
After the events, the police intervenes and Pierre-Olivier files an application with the Direction de l’indemnisation des victimes d’actes criminels (the IVAC ) in order to be compensated for his injuries. To his great surprise, his application is refused on the ground that he contributed to his injuries by his “gross fault,” because the assault occurred in connection with an illegal transaction. Pierre-Olivier is confused and wonders whether he has a recourse to have the decision reversed.
In order to understand the decision, it is important to know that the law specifies that a victim who contributes to his injuries or death through his own gross fault is not entitled to IVAC benefits. The same principle applies to a close relation of the victim who claims benefits following a crime, when the close relation participated in the offence or, through his own gross fault, contributed to the victim’s injuries or death (for example, a wife who claims benefits for the reimbursement of psychotherapy costs following the death of her husband, although she participated in the conspiracy to have him murdered).
This exclusion results from the law’s objective to compensate innocent victims and, as the courts routinely point out, avoid having the IVAC become a type of disability insurance for victims involved in the criminal world.
However, in order to apply the exclusion, the IVAC must prove that there is a direct link between the unlawful activity and the injury. This evidence is easy to provide when a collector enforcing drug debts is assaulted by a dissatisfied “customer” or when a criminal gang member is assaulted in a “settling of accounts.” In these situations, it is obvious that the victim accepted the risks related to his criminal activities or, at the very least, showed inexcusable recklessness for the consequences that could result.
However, in Pierre-Olivier’s case, despite the fact that the assault occurred the same evening as an illegal transaction and between the same parties, the assault had no connection to the transaction and could have occurred at any other time, for example, when the two men crossed paths at a social event. It would therefore be in Pierre-Olivier’s interest to contest the refusal so as to assert his rights with the IVAC, because he would have a good chance of succeeding.
Legal brief *
April
2013
Number
07
Text prepared by Me Bruno Boucher,avocat au bureau d’aide juridique Sud-Ouest 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.
March
Repossession of the dwelling by the landlord
Marc and Claudia have been tenants in the same dwelling for the past 10 years. Two days ago, they received a notice of repossession of the dwelling from their landlord.
The landlord informed them that he will repossess their dwelling at the end of the lease, so his 18-year-old son, who is a f
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March
I was injured at work - What should I do?
Nowadays, people are quite familiar with the program of the CSST (Commission de la santé et de la sécurité du travail) and know that they can claim benefits from this agency if they are injured at work. However, when filing an application, many people approach the process rather clumsily, both as re
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February
Child support
Arthur and Marine had been living together for 5 years. They had two children, Philippe and Frédéric.
For some time, things between them had not been going well and they decided to separate. They therefore each found a new place to live and agreed that Marine would have custody of the childre
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January
My neighbours are too noisy.What are my rights?
You've been living for a short while in an apartment that seemed to be a peaceful haven when you visited the premises before signing the lease. Now, however, you are being disturbed by neighbours who have little respect for your peace and quiet. They turn up the music, even late at night, slam doors
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January
Psychosocial assessments in family matters:Part of the Evidence
A psychosocial assessment is an assessment performed by a specialist in social sciences. It is a complete and unbiased assessment of the family and social situation of a child about whom there is a court dispute involving custody or visitation rights.
The purpose of the expert assessment is t
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