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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 2015

  Month
Number
Legal brief
November
 09
Can I be financially eligible for legal aid if my spouse is not? This hypelink opens a PDF file in a new window.
The Act respecting legal aid and the provision of certain other legal services will consider you and another person to be spouses in the following three cases:

  1. You and the other person are married and you are living together;
  2. You and the other person are living together more
October
 08
I have a judgment awarding me custody of my child — can my former spouse object to me moving out of town? This hypelink opens a PDF file in a new window.
Judgments awarding custody are intended to provide children with stability. Therefore, there must be proof of significant changes before a court will intervene to modify such judgments.

In our day and age, relocations are common and may result from a number of situations, including a job oppo
more
August/Sept
 07
How to avoid the resiliation of your lease for failure to pay the rentThis hypelink opens a PDF file in a new window.
When you sign a residential lease with a landlord, your primary obligation as a tenant is to pay your rent in full when it is due. The law states that a tenant must pay his rent the first of every month, unless otherwise agreed upon with the landlord.(1) It is possible to agree with the l more
June/July
 06
Breathalyzers and impaired facultiesThis hypelink opens a PDF file in a new window.
Offences related to driving under the influence of alcohol are probably the ones most likely to affect the « ordinary » person, that is, someone without a criminal past. Unfortunately, these offences can have serious consequences which the public does not always fully grasp.

If a police offi
more
May
 05
What exactly is the Social Security Tribunal?This hypelink opens a PDF file in a new window.
On April 1, 2013, a new tribunal was created in Canada—the Social Security Tribunal—which falls under federal jurisdiction. It replaced the following four administrative tribunals: the Board of Referees, the employment insurance umpires, the Canada Pension Plan and Old Age Security review tribunals, more
April
 04
March
 03
I am a victim of spousal violence or sexual assault - can I terminate my residential lease? This hypelink opens a PDF file in a new window.
Yes. Under the Civil Code of Québec,(1) a tenant can resiliate (terminate) his residential lease if, due to the violent behaviour of a spouse or former spouse, or due to sexual aggression, even by a third party, the safety of the tenant or a child living with the tenant is threatened.

It is important to note that a lease can be resiliated due to spousal violence or sexual aggression even if no police complaint has been made.

The tenant must send the landlord two (2) documents required by law:
  1. A Notice of resiliation of lease because of spousal violence or sexual aggression, available on the Régie du logement website at: http://www.rdl.gouv.qc.ca/en/pdf/RDL-818A-E(0606).pdf]
  2. An Attestation acknowledging that the tenant has been the victim of spousal violence or sexual aggression.


How can I obtain this attestation?

You must fill out a Request for an attestation for the purpose of resiliating a lease on grounds of violence or sexual assault. This form and all the necessary information on this subject are available on the Justice Québec website at:


www.justice.gouv.qc.ca/english/publications/generale/bail-a.htm]

Where do I send the request for an attestation?

You must send your duly sworn request for an attestation together with a copy of your lease and a document in support of your request from a person who is in contact with you or with the child (copy of the police statement or a written statement prepared by a person from a crime victims’ assistance centre (CAVAC), by a doctor or by another person mentioned on the Justice Québec website) to:
  • the office of the Director of Criminal and Penal Prosecutions for the courthouse nearest your home
OR
  • the Montreal Municipal Court (if a complaint of spousal or sexual violence has been filed with the City of Montreal police department).

Once you have obtained the attestation, you must send the notice of resiliation (because of spousal violence or sexual aggression) and the sworn attestation to your landlord by registered mail, by bailiff or by delivery in person. If delivery is made in person, it is recommended that you have an acknowledgment of receipt signed by the recipient. It is important to retain proof of the landlord’s receipt of the notice, in case the landlord contests the resiliation of the lease before the Régie du logement.

The lease will be resiliated within the following time periods:
  • for a lease of 12 months or more: 2 months after the notice was sent;
  • for a lease of less than 12 months: 1 month after the notice was sent;
  • for a lease with an indeterminate term: 1 month after the notice was sent.

It is important to note that during the applicable time period, the tenant is responsible for paying the rent. However, a tenant can always agree with the landlord to resiliate the lease immediately or at any other time. The tenant’s responsibility also ends if the dwelling, which has been vacated by the tenant, is re-leased in the meantime.

(1) Article 1974.1 C.C.Q.


Legal brief *
March  2015
Number  03
Text prepared by   Me Erika Aliova,avocate au bureau d’aide juridique de Montréal Sud-Ouest
 
* 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
Free or low-cost legal aidThis hypelink opens a PDF file in a new window.
You may be granted free legal aid if your income, property and liquid assets do not exceed the eligibility scale provided for in the Act respecting legal aid and the provision of certain other legal services and the Regulation respecting legal aid.

Even if you are above the elig
more
January
 01
Is shared custody in the best interests of your child? This hypelink opens a PDF file in a new window.
For the majority of parents who are in the process of a separation or divorce, custody of their children is often their primary concern. How can their children’s time be managed best so that they can spend as much of this precious commodity with their children? more
 
© Commission des services juridiques Création: Diane Laurin - 2017