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
I have to move into a seniors’ residence: can I resiliate (terminate) my existing lease? 
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 private seniors’ residence where you will receive the nursing care and personal assistance services required by your state of health; or
- any other lodging facility where you will receive the nursing care and personal assistance services required by your state of health.
You will then have to send the following documents to your landlord, preferably by registered mail:
- a written notice stating the reason for the resiliation (termination) and the date on which you will be leaving;
Note that a sample notice you can complete is available on the website of the Régie du logement at:
http://www.rdl.gouv.qc.ca/en/pdf/813a9312.pdf
- an acknowledgement from the authority concerned proving your admission to the facility; and
- a certificate from an authorized person confirming that you satisfy the conditions for admission. This certificate must be prepared by a health professional (e.g.: doctor, social worker, etc.).
Unless you agree otherwise with your landlord, the law provides that the lease will be resiliated two (2) months after you have sent the notice to the landlord, if the lease has a term of twelve (12) months.
The lease will be resiliated one (1) month after you have sent the notice to the landlord, if the lease has a term of less than twelve (12) months or an indeterminate term.
It is important to note that if the dwelling is leased to a new tenant before the end of the above-mentioned period, you will no longer have to pay the rent to your landlord.
Legal brief *
November
2014
Number
09
Text prepared by Me Charlène Perron,avocate au bureau d’aide juridique de La Baie
* 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.
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?
more
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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