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 2020

  Month

Number

Legal brief

November

 9

Writing your advance medical directives

What do we really mean by advance medical directives? more

October

 8

The Régie du logement becomes the Tribunal administratif du logement. Besides the name change, what does this mean?

On August 31, 2020, the Régie du logement became the Tribunal administratif du logement.


Beyond a simple name change, have there been any changes to the way the Tribunal operates? The answer is yes.


It will be best to exercise caution in the coming months when filing or receiving new pleadings.


We will discuss only a few of the changes that have been made. However, you can see all of these changes at https://www.tal.gouv.qc.ca.


It is interesting to note that, for several months now, it has been possible to file certain applications online via the above-mentioned site.


It will now be mandatory to notify, at the same time as the application, the exhibits or a list of exhibits indicating that they are available upon request (note that exhibits filed in the Tribunal's record may be withdrawn once the process is fully completed).

Such proof of notification and a list of documents will have to be filed in the Tribunal's record.

This new obligation is important, since not only can the Tribunal refuse to convene the parties to a hearing without this filing, but failure to do so within forty-five (45) days of the filing of the application will result in the file being closed.

Alternative dispute resolution methods also form part of the new Tribunal administratif du logement. Thus, conciliation will now be possible.

The Tribunal will be able to offer it to the parties upon receipt of the application, so that they may have recourse to it if they agree.

Conciliation follows the principles of other tribunals, namely, it will be free of charge and will be held behind closed doors with the ultimate goal of reaching an agreement.

If, however, such an agreement is not possible, then the case will proceed and nothing said or written during the conciliation session may be repeated before the Tribunal, except with the consent of the parties.


It will also now be essential to inform the Tribunal of any change of address, since it will no longer be possible to invoke the failure to receive a notice of convocation as a ground for revocation of a judgement if such a change has not been made.


Don’t hesitate to have your eligibility for legal aid evaluated 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.

Legal brief *
October  2020
Number  8
Text prepared by   Me Myriam Bouchard
 
* 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.

August - September

 7

Sentencing, aboriginal offenders and Gladue reports

Criminal law is based on the premise that criminal liability only follows from voluntary conduct. In this regard, the sentence, which is the legal consequence of the crime for which a person is responsible, must be proportionate to the gravity of the offence and the degree of responsibility of more

June - July

 6

George 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 $39,200. George and Theresa own their family residence, which has a value of $ more

May

 05

What have the courts ruled about Covid-19, shared custody, rights of access and the return to school?

The Covid-19 pandemic has turned the daily lives of the entire Québec population upside down, especially that of blended and separated families. This situation has brought its share of concerns and questions to parents of children in shared custody as well as parents whose children have access right more

April

 4

Is a summer day camp required to integrate a disabled child in the camp?

Patrick and Marie-Pierre want to enroll their disabled child in the summer day camp offered in their municipality. Their child must take medication during the day, which he cannot administer on his own. He also needs hygienic care. Can the day camp refuse to register him based on these reasons? more

March

 3

Do pictograms have the force of law?

When a person disobeys a pictogram (a drawing) that indicates that persons have to hold the handrail of an escalator at a metro station, the person does not, in all cases, commit an offence under a by-law. 

A woman was arrested by a police officer emplo more

February

 2

Are minors eligible to legal aid?

Minors (under 18 years of age) who need legal representation may be eligible for legal aid. Just make an appointment with a legal aid lawyer to have their admissibility checked. 

Financial eligibility 

The following factors are taken into ac more

January

 1

HAS or SARPA, which applies to me?

The Homologation Assistance Service is intented for parties residing in Quebec who wish, for whatever reason, to modify arrangements pertaining to child custody or access rights or support involving a child or spouse (or former spouse), where the par more

 

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