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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 2019

  Month
Number
Legal brief
September - October
 07
What you need to know about online purchasesThis hypelink opens a PDF file in a new window.
Online shopping is now commonplace. But is it secure? more
July - August
 06
What is a parenting and mediation information session?This hypelink opens a PDF file in a new window.
If you are involved in a family law case that will be heard in Superior Court, your lawyer has most likely informed you of your obligation to participate in a parenting and mediation information session.


Since January 1, 2016, former spouses have the legal obligation to attend a parenting
more
May - June
 05
Direct deposit mistakenly made by the Canada Revenue Agency (CRA)This hypelink opens a PDF file in a new window.
The use of direct deposits for government benefits has become standard practice, but it may lead to unpleasant consequences for those who do not pay close attention to the deposits they receive. 

Indeed, the increasing types of deposits (parental benefits, employment insurance benefits,
more
April 2019
 04
Labor standards, the 2018-2019 reformThis hypelink opens a PDF file in a new window.
In June 2018 and, more recently, January 2019, the Act respecting labour standards, which governs and protects certain Québec workers who are not covered by a collective agreement, was amended and enhanced. It is important to note, however, that certain categories of persons, incl more
March
 03
My child wants to live with me: ca he choose?This hypelink opens a PDF file in a new window.
You and the father or mother of your child are separated and you cannot agree on how much time he will spend with each of you.

The courts issue many judgments dealing with this issue, and each decision must be made in the interests of the child and while respecting his rights.

On this
more
February
 02
The right to a lawyerThis hypelink opens a PDF file in a new window.
The presumption of innocence: It is a fundamental principle of the Canadian justice system pursuant to which an accused is presumed innocent until proof to the contrary, that is, until the person admits their guilt or, at trial, the prosecution shows their guilt beyond a reasonable doubt.

Fro
more
January
 01
Inheritances and last resort financial assistance benefitsThis hypelink opens a PDF file in a new window.
“My mother died and left me an inheritance of $100,000 in money and property. Do I have to declare this to my agent?”

We often hear this question, followed by: “My friend told me that I didn't; that's why I didn't declare it!”

First and foremost, you should know that every situation that could affect or modify your eligibility for benefits must be disclosed.

Will this disclosure affect your benefits?

Here, we must distinguish between social assistance benefits (the basic benefit and the temporarily limited capacity allowance) and social solidarity benefits (severely limited capacity for employment).

As regards benefits under the Social Assistance Program, any amount or property received as an inheritance will be included in a person's liquid assets or in the value of the person's property, and will therefore affect the benefits.*

However, the situation is different for recipients of benefits under the Social Solidarity Program. In fact, section 164 of the Individual and Family Assistance Regulation allows such persons to receive an inheritance and/or the proceeds of a life insurance policy totalling up to $219,000 in cash and/or property, without affecting their benefits.

The cash from an inheritance and/or life insurance policy can then be transformed once, to purchase property, which will not affect the benefits, or the property from an inheritance can be transformed into cash and still be covered by the exemption.

For example, if you use $100,000 received as an inheritance in order to buy a country house, the country house will not be included as part of your assets. However, if you subsequently sell the country house, the money received from the sale will no longer be covered by the exemption and will be included in your liquid assets.

Similarly, if, for example, you inherit land in a remote location and you decide to sell it because you won't be able to use it, the proceeds of sale will not be included in your liquid assets.

If you have any doubts, it’s best to consult a lawyer by making an appointment at a legal aid office near you.

To find the contact information for your legal aid office, please visit our website at www.csj.qc.ca.

* Unless the inheritance involves property or liquid assets that are expressly excluded, such as a car worth less than $10,000, a house in which the recipient of the benefits lives and that is worth no more than $153,000, an RRSP, etc…1

See sections 145 and following of the Individual and Family Assistance Regulation







Legal brief *
January  2019
Number  01
Text prepared by   Me Manon Côté
 
* 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.
 
© Commission des services juridiques Création: Diane Laurin - 2017