| Contact us @  |   Aa  ⇧ Français         
 
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 amount of $75,000.

Before collecting the amount, Paul wonders whether the inheritance will have an impact on his last resort financial assistance benefits.

Since he is receiving benefits under the Social Solidarity Program, the sums he would receive from the succession would be excluded from the calculation, up to a maximum of $130,000,(1) and would therefore not affect his eligibility or the amount of his benefits. If Paul had to pay certain costs related to the succession (such as notary’s fees), the amounts used for that purpose would not be considered in calculating the benefits.

In addition, if Paul were to use the sums received to purchase property, the exclusion would continue to apply.

However, if Paul had been receiving benefits solely under the Social Assistance Program, he would not be able to use the $130,000 exclusion. Thus, all sums received from the succession that exceed the total debts and charges Paul might be required to assume with respect to the succession would not be excluded and would be taken into account in establishing the amount of his benefits.(2) In such a case, the general rule would apply and, as a single person, Paul would only be entitled to have a maximum of $1,500 in liquid assets.(3)

Keep the following important tip in mind: In order to avoid a future claim, it is always preferable to declare to social assistance any monetary amounts received.


______________
(1) Section 164 of the Individual and Family Assistance Regulation, (CQLR, c. A-13.1.1, r. 1).
(2) Section 138 of the Individual and Family Assistance Regulation, (CQLR, c. A-13.1.1, r. 1).
(3) Section 131 of the Individual and Family Assistance Regulation, (CQLR, c. A-13.1.1, r. 1).Note: The text of this regulation is available by clicking on the following link:
Individual and Family Assistance Regulation.


Legal brief *
September  2014
Number  06
Text prepared by   Me Aliaa El-Hage,Avocate 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.
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 servi more
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