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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 the modifications to be made to their judgment and want to file a joint application can use this service. Parties need not be financially eligible for legal aid in order to use the HAS, because the service is offered to all members of the public.

Information about the service is available on the CSJ website (www.csj.qc.ca) under the “Homologation” tab. There, you will find general information about the HAS, including the eligibility criteria, a list of the required documents, the usual HAS application process and the applicable cost. The cost of the service is $550 ($400 in fees and $150 in court costs) and each party must pay half the cost, unless one or both of them is financially eligible for legal aid.

To access the service, the parties must contact a legal aid office in order to make an appointment. They can both go to the same office or to two different offices if they do not live in the same city or neighbourhood. When they arrive for their appointment, the parties must already have completed Form H – Application for assistance in homologating an agreement, which is available on the CSJ website under the “Required Documents” section of the “Homologation” tab or at a legal aid office.

Both parties must fill out a legal aid application. A single legal aid certificate will be issued for all the services. These services are offered by legal aid staff lawyers and by lawyers in private practice.

The joint application to homologate an agreement will be processed on an accelerated basis. It will be mailed to the courthouse and submitted to the special clerk who will rule on it based on the information in the file. The judgment will then be mailed to the lawyer. There is no hearing in these types of files, except in exceptional circumstances.

The lawyer's role is to ensure that the parties have reached an agreement that falls within the parameters established in the Regulation respecting the determination of child support payments(1) and complies with the usual standards applicable to family matters.



(1) CQLR, c. C-25, r. 6.


Legal brief *
December  2016
Number  08
Text prepared by   M..Yves Carrière,anciennement avocat à la CSJ
Update by   Me Nataly Raymond,avocate à la Commission des services juridiques
* 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.
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 conditio
more
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