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
November
Getting married abroad
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?
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October
My landlord wants me to get rid of my dog. What can I do?
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?
The law is silent regarding the presence of pets in a dwelling. You must therefore look at your lease and at the building’s rules and regulations, if there are any, in order to determine whether they contain specific provisions dealing with the presence of pets.
If a clause clearly prohibits the presence of your dog, whether the clause is in your lease or in the building’s rules and regulations (which your landlord is obliged to provide to you), you will have to comply with the clause, unless you can prove it is unreasonable or abusive. In such cases, the burden of proof rests on the tenant and, generally, the courts consider these clauses to be valid.
If neither the lease nor the building’s rules and regulations contain such a clause, you will be able to keep your pet, provided he does not disturb the other tenants’ peaceful enjoyment of their premises and does not cause damage to the property.
As the owner of a pet, you have the obligation to ensure your pet does not disturb the other tenants, be it through barking, the presence of excrement or nauseating odours or unwanted contact, for example.
Therefore, before getting a pet, it is important to first check your lease and the building’s rules and regulations in order to know your rights and avoid unpleasant surprises!
Lastly, you can also consult a lawyer to find out your rights in your particular situation.
Legal brief *
October
2014
Number
07
Text prepared by Me Nathalie Aubin,avocate au bureau d’aide juridique d’Alma
* 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
The importance of respecting interim release (bail) conditions!
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
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May
The interim release hearing (bail hearing)
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
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February
The consequences of an evening of too much drinking
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
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January
What can I say or do on Facebook?
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
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