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.

2024
2023
2022
2021
2020
2019
2018
2017
2016
2015
2014
2013
2012
2010
2009
2008
All

Legal Briefs 2015

  Month

Number

Legal brief

November

 09

Can I be financially eligible for legal aid if my spouse is not?

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?

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 rent

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 landlord on different payment terms for the rent, but if you do so, it is important to include those terms in the lease.

As a tenant, you have the right to ask the landlord to provide you with a receipt to prove you have paid the rent. Indeed, the law states that a debtor who pays his debt is entitled to an acquittance.⁽²⁾

A tenant against whom proceedings for resiliation of a lease are brought for failure to pay the rent can avoid the resiliation by paying, before judgment, the rent due, the costs and interest at the rate fixed in accordance with section 28 of the Tax Administration Act⁽³⁾ or at any other lower rate agreed upon with the landlord.⁽⁴⁾

In other words, if you pay the landlord the rent owed, the landlord’s costs for his application to the Régie du logement as well as the interest, before the Régie has rendered its decision, the landlord will not be able to evict you from your dwelling. If, despite having paid the rent before the judgment, a bailiff serves you with an eviction order, consult a lawyer immediately in order to determine if there is a possibility of filing a motion in the Court of Québec to oppose the eviction order and have it annulled.

The landlord must wait until the expiry of the stipulated time limit before enforcing a judgment of the Régie du logement. If his prior notice of eviction is sent too early, the eviction order will be premature and there will be grounds for filing a motion to oppose in the Court of Québec.

Finally, if, after the judgment of the Régie du logement has been rendered, your landlord cashes a rent cheque, without any mention or reservation, but nevertheless serves you with an eviction order, go to the legal aid office nearest your home in order to meet with a lawyer who will be able to determine whether it is possible to oppose the eviction order.

(1) Article 1903 C.C.Q.(2) Article 1568 C.C.Q.(3) CQLR, c. A-6.002.(4) Article 1883 C.C.Q.

Legal brief *
August/Sept  2015
Number  07
Text prepared by   Me Erika Aliova,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/July

 06

Breathalyzers and impaired faculties

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?

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

Suretyships and residential leases

What is a suretyship? more

March

 03

I am a victim of spousal violence or sexual assault - can I terminate my residential lease?

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.

more

February

 02

Free or low-cost legal aid

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?

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