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 2022

  Month

Number

Legal brief

December

 10

Elliot wants his red bicycle

Last week, Elliot's dad went to a big box store and bought the red bike his son had been dreaming about.

The bike was discounted to $100, instead of the regular price of $240. What a bargain!

However, the store could not deliver the bicycle right away, because it had not yet been assem more

November

 9

Discharges: Who, What, Why... and why not?

Discharge—a sentence that is not a sentence. Indeed, the law provides that a person who receives a discharge is deemed never to have been convicted. But who can benefit from such a discharge? more

Octobre

 8

The Hospital Won’t Let Me Go. What Are My Rights?

You’ve been brought to the hospital without your consent and your doctor refuses to let you leave. Or, perhaps you came to the hospital voluntarily, but now they won’t let you leave. You’ve probably been placed under preventive confinement.

Indeed, the law¹ allows a physicia more

August - September

 7

Types of indemnities from the SAAQ

The public automobile insurance plan provides for compensation, under certain conditions, to people who have been involved in automobile accidents.

The following are some possible indemnities:

(1) Income replacement indemnity

This is an indemnity paid to any more

July

 6

JULIE AND CHRISTIAN HAVE TWO CHILDREN, OWN A HOME AND HAVE MONEY IN THEIR BANK ACCOUNT. ARE THEY FINANCIALLY ELIGIBLE FOR LEGAL AID?

Julie and Christian have been married for three years. Christian works full time at an annual salary of $50,000. Julie works part-time for annual income of $5,000.

Their combined annual income is $55,000. They have two young children. They own a family home worth $200,000 with a mortgage of $ more

May

 5

Protection Orders: A Tool for Protecting Victims of Spousal Abuse During a Separation

Are you experiencing emotional abuse or excessive control from your partner and fear their reaction if you leave them? more

April

 4

Applying for a Canadian Passport for a Child — What if One Parent Cannot be Located?

Sarah has sole custody of her daughter Rosalie, who is 8 years old. At the time of their separation, Rosalie’s parents had gone before the Superior Court to obtain a judgment granting Sarah custody of Rosalie, and the father had been granted access rights.

Rosalie has not seen her father for the past four years. Since her father is rather nomadic and doesn’t even have a social media profile, Rosalie’s mother has no idea how to find him.

Sarah wants to go to Walt Disney World with her daughter. As the applicant and as Rosalie’s parent, Sarah must therefore complete and sign the Child General Passport Application. However, there is a problem: the signature of the “other parent” is required in order to obtain the child’s passport.

What steps can Sarah take in such a case?

There are a few options:

• She can apply to the court to have one of the attributes of the father’s parental authority withdrawn.
• She could also go to court to ask that she be allowed to sign the passport application alone and be able to travel alone with her daughter Rosalie, without the father’s permission.
• Given the particular circumstances of this case, she could also apply to have the father be deprived of his parental authority.

Prior to taking such steps in court, Sarah will require the authorization of the clerk in order to be able to use a special mode for serving her legal proceedings, given that she does not know where the father is.


To find out more about such applications and the criteria for initiating proceedings for the partial withdrawal of the attributes of parental authority or for the deprivation of parental authority, don’t hesitate to contact one of the lawyers practising family law at a legal aid office in your area.

*************************************************************
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 *
April  2022
Number  4
Text prepared by   Me Jessica Boucher-Tremblay
Update 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.

March

 3

Breaking and entering

Remy and his friends decide to meet in an old dilapidated building to party. They climb the fence, rip off the plywood covering the door and party into the wee hours of the morning. 


The next day, Remy and his friends are awakened by the police who had been alerted by the neighb more

February

 2

Protection orders in civil matters

Since January 1, 2016, individuals whose life, health or safety is threatened have had access to a tool to protect them—a tool that is still not well known or understood: the protection order. This tool is even more relevant in the current context where there is a growing social awareness of the imp more

January

 1

Abuse of Vulnerable Persons

With the aging of our population, the abuse of elderly and vulnerable individuals is undoubtedly an extremely important societal issue. It is essential that safety nets be put in place in order to prevent abuse and to be able to identify who the victims might be so as to intervene in order to protec more