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.

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Legal Briefs 2017

  Month

Number

Legal brief

December

 09

Coming soon

November

 08

Shared custody, so no support to pay?

Raphaël and Maude lived together without being married and a child, Alice, was born from their relationship. When Alice was only 3 years old, her parents separated. Raphaël moved not far from the daycare and, after some discussion, the parents agreed to share custody of Alice equally. Maude agreed t more

October

 07

Police Chases (What You Need to Know)

At the beginning of the year 2000, section 249.1 was added to the Criminal Code, creating the offence of fleeing a police chase while driving a motor vehicle. 

The following are the elements that make up this offence: 

• The accused must be driving a motor vehicle;  more

August-September

 06

What is a quarrelsome litigant?

Jeanne is the mother of a three-year-old girl, Amélie. She decides to consult a legal aid lawyer in order to get a judgment granting her custody of her minor child and fixing rights of access for the father, given that he exercises his rights of access very sporadically. 


George, the more

June-July

 05

Are childcare expenses taken into consideration in determining financial eligibility for legal aid?

Isabelle, a victim of abuse who has one child, is accused of murdering her former spouse. Isabelle works as a nurse’s aide in a hospital at an annual salary of $27,000. She does not own any real estate and has no savings. However, she has to pay $1,250 in annual childcare expenses for more

April-May

 04

Youth Criminal Justice Act and Extrajudicial Sanctions

Ethan, who is 12 years old, is visiting his cousins with his parents. While his parents are playing cards with his uncles and aunts, Ethan takes the opportunity to play various games in the basement with his two cousins, Sam and William, who are 6 and 8 years old, respectively. After more

March

 03

Georges owns a house and has money in his bank account. Is he financially eligible for legal aid?

George is married to Theresa and they have four minor children. George works as a part-time employee for a transportation company. Theresa is a teacher and also works part-time. They have a combined annual gross income of $35,000. George and Theresa own their family residence, which has a value of $ more

February

 02

« You can't search me! » really ?

Contrary to what many people believe, in certain circumstances, school staff can search a student or his personal belongings (such as his knapsack or locker). There are two main reasons for this. First, a school has the obligation and responsibility to protect the students who attend the school, so more

January

 01

Am I liable for my pet

In principle, yes. In Québec, it is the Civil Code that deals with harm caused by a pet’s actions. The article of the Civil Code is very clear to that effect and the rules for pet owners are strict.


Whether the situation involves an injury, such as a bite, or other damage caused to a person, another animal or an object, the pet owner is required to repair the injury or damage, regardless of whether the pet was under his custody or someone else’s custody or whether the pet had strayed or escaped.⁽¹⁾


The owner or the person who has custody of the pet is deemed to be liable for the damage suffered by the victim, without the victim having to prove a fault. To avoid liability, the pet owner must prove superior force, the fault of the victim or the fault of another person. For example, the pet owner will have to prove that the victim provoked the pet or did not take the necessary precautions.


Furthermore, there need not be physical contact between the victim and the pet. If the victim suffers harm caused by the pet’s actions, this is enough to allow the victim to institute proceedings against the pet owner.


If your pet has injured someone or if you have been bitten by an animal, consult a legal aid lawyer to find out your rights.


⁽¹⁾ Art. 1466 C.c.Q.

Legal brief *
January  2017
Number  01
Text prepared by   Me Erika Aliova, avocate au bureau d’aide juridique Sud-Ouest à Montréal / Lawyer at the Montreal Sud-Ouest legal aid office
 
* 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.