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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 2021

  Month
Number
Legal brief
Octobre
 8
The Youth Protection Act and Its Placement PeriodsThis hypelink opens a PDF file in a new window.
One of the objectives of the Youth Protection Act is that a child be able to remain with his family or be able to return to his family as soon as possible, if it is in the child’s best interests. At what point does one determine that the objective of returning a child to his family is no long more
August - September
 7
HAS or SARPA, which applies to me?This hypelink opens a PDF file in a new window.
Homologation assistance service (HAS)

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 more
June - July
 6
Nicole and Raymond own a family home and have money in their bank account. Are they financially eligible for legal aid?This hypelink opens a PDF file in a new window.
Nicole and Raymond have been living together for over a year. Raymond works at the village hotel as a waiter. Nicole occasionally babysits. They have a combined annual gross income of $40,100. They have no children. They own a family home worth $110,000, which is fully paid off. They have $6,000 in their joint bank account. Nicole and Raymond receive a request for reimbursement from the Ministère du Travail, de l'Emploi et de la Solidarité sociale on the basis that they were cohabiting while Nicole was receiving benefits from the social assistance program two years ago.

It is important to remember that there are two ways to qualify for legal aid: at no cost or in return for the payment of a maximum contribution of $800.

To obtain free legal aid, Nicole and Raymond must satisfy the following three conditions:

1- Scale of annual (gross) income:
Gross income must not exceed the following amount for
Spouses with no children: $34,195


2- Scale of property owned:
The value of property owned must not exceed
$90,000, if the residence is owned
$47,500, if the residence is not owned

3- Scale of liquidities:
The value of liquidities must not exceed
$5,000 for a family
$2,500 for a single person

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Even though the financial situation of Nicole and Raymond exceeds the three scales mentioned above (income, property, and liquidities they may nevertheless be eligible for legal aid in return for the payment of a contribution.


The following is the calculation method that applies. First, we must determine which class of applicant Nicole and Raymond fall into. The Regulation respecting legal aid states that there are six classes of applicants. Nicole and Raymond fall into the class of a family composed of spouses with no children.


The following amounts must then be added to the amounts provided for in the scales mentioned above:

100 % of the excess income
10 % of the excess property
100 % of the excess liquidities


The total amount represents the deemed income used to determine whether Nicole and Raymond are eligible for legal aid in return for the payment of a maximum contribution.

Here are the detailed calculations:

Scale (free legal aid)
Spouses with no children $34,195

100% of the excess income
($40,100 - $34,195) $5,905

10% of the excess property
($110,000 - $90,000) $2,000

100% of the excess liquidities
($6,000 - $5,000) $1,000

Deemed income $43,100


The legal aid scale below (which is also found on the Web site of the Commission des services juridiques) indicates that Nicole and Raymond are eligible for legal aid in return for a maximum contribution of $600.*


Family composed of
spouses with no children

Income Contribution level
$34,196 to $35,891 $100
$35,892 to $37,587 $200
$37,588 to $39,283 $300
$39,284 to $40,979 $400
$40,980 to $42,674 $500
$42,675 to $44,370 $600
$44,371 to $46,066 $700
$46,067 to $47,762 $800


Don’t hesitate to have your eligibility for legal aid evaluated by making an appointment at a legal aid office near you. You can also check your eligibility online at this link .

********************************************************************************************************

To find the contact information for your legal aid office, please click on the following link www.csj.qc.ca.


* The director general can, under certain conditions, agree that the contribution will be paid in several instalments. The total period for such instalments cannot exceed 6 months.







Legal brief *
June - July  2021
Number  6
Text prepared by   CSJ
 
* 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.
May
 5
Moving and the New Divorce ActThis hypelink opens a PDF file in a new window.
The new Divorce Act (hereinafter the “Act”), which came into force on March 1, 2021, governs moves by separated persons with parenting time or decision-making responsibilities in respect of a child of the marriage. There are two regimes that distinguish between a change in the place of residenc more
April
 4
Buying a Vehicle and Third Chance Credit This hypelink opens a PDF file in a new window.
You’ve been unlucky and you have bad credit. You’ve just declared bankruptcy and are unable to find financing. In these situations, it can be tempting to go to a car dealership offering a second or even third chance at credit, especially since their advertising indicates that no one is refused!
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more
March
 3
How Can I Intervene in the Case of a Child Who is Dear to Me When a Hearing in the Youth Division is Scheduled? This hypelink opens a PDF file in a new window.
First of all, you should know that a child’s file in the Court of Québec – Youth Division is highly confidential. You cannot consult it or obtain information unless you are a party to the case.

Only the child, the child’s father (legally recognized), the child’s mother and the repre
more
February
 2
The Right to Remain SilentThis hypelink opens a PDF file in a new window.
The presumption of innocence: It’s a fundamental principle of the Canadian justice system pursuant to which an accused is presumed innocent until proven otherwise, that is, until the person themselves admits their guilt or, at trial, the prosecution shows their guilt beyond a reasonab more
January
 1
How is Child or Spousal Support Paid?This hypelink opens a PDF file in a new window.
Henriette and Léopaul have three children. After living together for 12 years, they split up. Following a few mediation sessions, both parents agree that Léopaul will have sole custody of the three children since Henriette has a job that requires her to travel out of town for varying periods of time more
 
© Commission des services juridiques Création: Diane Laurin - 2017