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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 2014

  Month
Number
Legal brief
November
 09
I have to move into a seniors’ residence: can I resiliate (terminate) my existing lease? This hypelink opens a PDF file in a new window.
The answer is “yes,” but you must meet certain conditions and take the steps required by the Civil Code of Québec.

Thus, you must be a senior permanently admitted to:
  • a residential and long-term care centre;
  • a facility operated by an intermediate resource;
  • a more
November
 08
Getting married abroadThis hypelink opens a PDF file in a new window.
Nowadays, many Québec couples are choosing to get married abroad, with “sun destinations” being their preferred location. Be it Cuba, Mexico, the Dominican Republic or anywhere else in the world, one question remains: Is a marriage performed abroad valid in Québec? more
October
 07
My landlord wants me to get rid of my dog. What can I do? This hypelink opens a PDF file in a new window.
You live in an apartment with your dog. Your landlord has asked you to get rid of him and it’s breaking your heart. What can you do? more
September
 06
I am a recipient of last resort financial assistance and I have received an inheritance This hypelink opens a PDF file in a new window.
Paul has been receiving last resort financial assistance (social assistance) for the past five years and receives benefits under the Social Solidarity Program because his capacity for employment is severely limited. Following the death of his great-grandmother, he learns that she has left him an amo more
June
 05
The importance of respecting interim release (bail) conditions! This hypelink opens a PDF file in a new window.
A person charged with a crime is generally released and not held in custody at any point in the judicial process. This is due to the fundamental principle on which our justice system is based: the presumption of innocence. However, an accused’s liberty while awaiting trial is not always absolute and more
May
 04
The interim release hearing (bail hearing)This hypelink opens a PDF file in a new window.
When an individual is arrested, he is generally quickly released by the police. If that is not the case, the individual will be brought before a judge who must determine whether or not to release him before his trial. It is important to remember that at this stage of the proceedings, as at every ste more
March/April
 03
SARPA – Service administratif de rajustement des pensions alimentaires pour enfants [Child support recalculation service] This hypelink opens a PDF file in a new window.
The Service administratif de rajustement des pensions alimentaires pour enfants (SARPA) [child support recalculation service] is a purely administrative service offered to all eligible individuals, at a cost of $275. The Commission des services juridiques (CSJ) is responsible for managing this service. Individuals who are financially eligible for gratuitous legal aid will not be required to pay any fees. Parents who are financially eligible for legal aid in consideration for the payment of a contribution will only be required to pay the lesser of their maximum contribution amount and the fees prescribed by regulation, namely $275 or $137.50, depending on whether the application is made individually or jointly.

Where support for a minor child has already been determined by a court judgment, parents can use the SARPA to obtain the recalculation of that support without having to go to court again. The recalculation application can be submitted to the SARPA by both parents or by one of them alone. The program only applies to situations in which the recalculation does not require any judicial discretion.

When the SARPA receives an eligible application from a parent, it mails the other parent a request for information which must be answered within 30 days. If a parent does not provide the information and documents allowing the SARPA to establish his or her income, the SARPA can determine it by augmenting the last known annual income using criteria prescribed by regulation.

Once the SARPA knows or has determined the parents’ incomes, it will use Québec’s basic parental contribution determination table to calculate the child support. The SARPA may recalculate support retroactively to a year prior to the application date.

The SARPA will then send the parties the recalculation notice, which will take effect after the expiry of a period of 30 days, during which the parties can contest the adjustment of the child support. Thereafter, the child support will be collected through Revenue Québec’s Support-Payment Collection Program or, in exempt cases, it will be deemed to be payable.
Before filing an application with the SARPA, parents can quickly check their eligibility by filling out the interactive questionnaire available at www.sarpaquebec.ca. After filling out the questionnaire, they will be able to access the SARPA application form.

If they wish, parents can also obtain a paper version of the questionnaire and application form at the legal aid office nearest their residence or by printing the documents available under the “Documents et processus” tab at www.sarpaquebec.ca.

This service has been in effect since April 1, 2014. Parents who want to use the service can call 1-855-LeSARPA (1-855-537-2772) or, in Montreal, 514-873-3563, or go to the website: www.sarpaquebec.ca.


Legal brief *
March/April  2014
Number  03
Text prepared by   Commission des services juridiques
 
* 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.
February
 02
The consequences of an evening of too much drinkingThis hypelink opens a PDF file in a new window.
Marc is really sorry he went out on the evening of December 20th. He is a mechanic who works hard. He has a new job, with duties that require him to try out defective vehicles in order to diagnose their problems. On December 20th, he met up with some friends at a downtown bar. After a few drinks, he more
January
 01
What can I say or do on Facebook?This hypelink opens a PDF file in a new window.
When Juliette gets home she is in quite a state! She can’t believe that that thieving Marie-Christine took advantage of the fact that Juliette wasn’t at Friday night’s party to hit on Nicolas, Juliette’s crush.

Juliette, who was away at a swimming competition all weekend, missed the party at
more
 
© Commission des services juridiques Création: Diane Laurin - 2017