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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 2016

  Month
Number
Legal brief
December
 08
HAS - Homologation assistance service for agreements This hypelink opens a PDF file in a new window.
The HAS is intended for parties who wish, for whatever reason, to modify arrangements pertaining to child custody or access rights or to support involving a child or a child and a former spouse. Only people who have previously obtained a judgment with respect to child custody or support who agree on more
October/Nov
 07
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. Where support for a minor child has already been determined by a court judgment, parents can use the SARPA to obtain the recalculation of more
August/Sept
 06
There's a bailiff at my door! This hypelink opens a PDF file in a new window.
Jérôme Blais, a former musician, is 66 years old and is still working. He lives in an apartment in a village and has a car that he uses to get to work, since there is no public transport where he lives. His furniture is old and the only thing of value in his possession, in addition to his car, is an more
June/July
 05
Can my landlord have access to my dwelling This hypelink opens a PDF file in a new window.
The answer is yes, but there are rules that must be followed under the Civil Code of Québec.* The law states that the landlord has the right to check the condition of the leased property, to carry out work in it and to have it visited by a potential tenant or purchaser. However, the landlord must ex more
May
 04
Recipients of last resort financial assistance and stays outside Québec This hypelink opens a PDF file in a new window.
In order to be eligible for financial assistance, an adult must reside in Québec within the meaning of the Individual and Family Assistance Regulation.

Major amendments to this regulation came into force on May 1, 2015. The purpose of one of these amendments was to tighten the conditions for being considered a Québec resident within the meaning of the Individual and Family Assistance Act. Thus, an adult is no longer considered to be a Québec resident if he is absent more than 15 cumulative days in a calendar month or more than 7 consecutive days in that month.

Consequently, if you expect to travel outside Québec for more than 15 cumulative days or more than 7 consecutive days in one month, you should know that your file will be cancelled for the following month (for example, if you leave Québec from December 23 to December 31, your January benefit will be cancelled). However, you will be able to reapply upon your return in order to receive financial assistance in accordance with the applicable rules.

Nonetheless, the exceptions allowing a recipient of financial assistance to be considered a resident of Québec even if that person has to be absent from Québec, including for health reasons, have been maintained. Thus, even if you have to be temporarily absent from Québec, you will be considered to still reside in Québec within the meaning of the Individual and Family Assistance Act if your absence is due to one of the following reasons:

  • To receive treatment required by your physical or mental condition, on the written recommendation of a physician entered on the roll of the Ordre des médecins du Québec, for the duration indicated by the physician;
  • To accompany, for a period of not more than 6 months, the person who provides you with the constant care required by your physical or mental condition;
  • To participate in an employment-assistance measure or program; or
  • To carry out remunerated work if you are a member of a family residing in Québec.


Subject to certain conditions, you will also be considered to reside in Québec if you provide constant care to a person whose autonomy is significantly reduced because of a physical or mental condition and you must accompany that person during the person’s absence from Québec to receive treatment required by that person’s physical or mental condition. The same is true if you are retained outside Québec due to superior force for a period of not more than 6 months.


Legal brief *
May  2016
Number  04
Text prepared by   Me Martine Belley-Lemieux,avocate au bureau d’aide juridique de Drummondville
 
* 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.
April
 03
Protecting yourself when making online purchases This hypelink opens a PDF file in a new window.
Given the many advantages of online shopping, it can be a quick and practical way to make purchases. It allows you to search for the item you need, compare what is available, select the product you want and purchase it, all from the comfort of home. However, it can also expose you to fraud. It is th more
February/March
 02
Child benefits and agreements between parents: is this a good idea? This hypelink opens a PDF file in a new window.
How many times has a judge heard an accused person defend himself against a charge of theft by simply alleging, without providing specific details, that he didn’t really want to steal the object in question, but only borrow it from the legitimate owner with the intention of eventually returning it? more
January
 01
When borrowing becomes stealing... This hypelink opens a PDF file in a new window.
How many times has a judge heard an accused person defend himself against a charge of theft by simply alleging, without providing specific details, that he didn’t really want to steal the object in question, but only borrow it from the legitimate owner with the intention of eventually returning it? more
 
© Commission des services juridiques Création: Diane Laurin - 2017