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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 2018

  Month
Number
Legal brief
June-July
 06
What is bullying?This hypelink opens a PDF file in a new window.
Bullying, also known as intimidation, is repeated behaviour that is intended to cause fear, intimidation, humiliation, distress or other forms of harm to another person’s body, feelings, self-esteem, reputation or property: Bullying can be direct or indirect and can take place by physical, verbal or more
May
 05
Voluntary Disclosure ProgramThis hypelink opens a PDF file in a new window.
Perhaps you didn't fulfil all your obligations under the tax laws. For example, perhaps you failed to declare some income over the past few years. The voluntary disclosure program may allow you to rectify your tax situation.1

If your application more
April
 04
Voluntary depositThis hypelink opens a PDF file in a new window.
If you are having trouble paying your bills and your creditors are losing patience, voluntary deposit may be an interesting solution for you. It may allow you to avoid bankruptcy.

Voluntary deposit is dealt with in articles 664 and following of the Code of Civil Procedure of Québec.It is a means of voluntary execution by which a debtor undertakes to regularly pay the seizable portion of his income to the office of the Court of Québec. The money is then distributed among his creditors.

In order to be eligible, your income must be greater than the portion deemedunseizable by law.2 The courts have recently ruled that those receiving social assistance cannot avail themselves of voluntary deposit, because their benefits are unseizable.

The amount you have to pay is generally equal to one third of your seizable income (such as your salary, your retirement benefits, your rental income, the dividends or interest you receive, etc.). This calculation takes into account your family responsibilities and will therefore vary from one person to another. It is important to understand that you cannot pay less than the amount calculated in this manner.

Voluntary deposit offer a number of advantages. As long as you make your payments, your creditors cannot seize your assets or sue you. Your property and salary are therefrom shielded from seizure.3 In addition, the interest rate applicable to your debts is reduced to the lesser of the legal rate and the agreed upon rate.4 The fact that you no longer have to manage payments to your creditors is another major advantage.

However, voluntary deposit does have certain limits. For example, it will not shield you from having your immovable property seized, nor will it reduce your debts. Moreover, it has a negative impact on your credit score.

For some debtors, a consumer proposal may be a better solution. Don't hesitate to consult a trustee5 in order to determine which option is best for you.

To register for voluntary deposit, you must fill out a declaration, which is deemed sworn, regarding your financial and family situation. You must be honest and accurate when filling out this document. One of your creditors or any interested party can contest your declaration if it is inaccurate.6

The form is available on-line at: 



https://www.justice.gouv.qc.ca/en/documentation-center/forms-and?models/programs-and-services/sj-1086a


You can print it out and file it with the office of the court at the courthouse in your 
judicial district.7 There are no fees for participating in a voluntary deposit.


You must file a declaration each year or as soon as your situation changes. This is in order to ensure that the amount you are paying corresponds to what the law requires you to pay. Thus, your payments to the office of the court may increase or decrease based on fluctuations in your income and changes in your family situation.


For more information, consult the website of the Ministère de la Justice du Québec at: à


https://www.justice.gouv.qc.ca/en/your-money-and-your-posessions/voluntary-deposit
 



1 Code of Civil Procedure of Québec, CQLR c C-25.01, hereinafter the “CCP”.

2Articles 694 and following of the CCP.

3Article 665 of the CCP.

4Articles 668 and 774 of the CCP.

5Site of the Office of the Superintendent of Bankruptcy: https://www.ic.gc.ca/eic/site/bsf-osb.nsf/eng/br02049.html

6Article 667 of the CCP.

7 For find the judicial district where your home is located, consult the website of Services Québec at: 

http://www4.gouv.qc.ca/FR/Portail/Citoyens/Evenements/consommateur-renseignement-plainte/Pages/inscrire-depot-volontaire.aspx








Legal brief *
April  2018
Number  04
Text prepared by  
 
* 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.
March
 03
Am I obliged to identify myself at the request of a police officer?This hypelink opens a PDF file in a new window.
As a general rule, despite the existence of a moral and social duty on the part of every citizen to answer questions from a police officer and assist the police,1a person does not have the obligation to disclose their identity to a police officer. However, it is important to realize that more
February
 02
Acknowledgements of debtThis hypelink opens a PDF file in a new window.
In January 2015, Alex lends Rose, his co-lessee, an amount of $3,000 to help her buy a used car. “I’ll pay you back very soon,” she promises. No document is signed. Time passes and Rose seems to have forgotten her debt. 

In June 2016, Rose, who no longer has a car, is about to move out i
more
January
 01
Can I object to a notice of assessment?This hypelink opens a PDF file in a new window.
You’ve just received a notice of assessment or determination from the government indicating that you owe a significant amount of money. You are completely flabbergasted, because there is no way you owe that much. In fact, you provided all the required documents. There must be a mistake! The followin more
 
© Commission des services juridiques Création: Diane Laurin - 2017