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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 2022

  Month
Number
Legal brief
August - September
 7
Types of indemnities from the SAAQThis hypelink opens a PDF file in a new window.
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 anyone who is unable to work at their regular job because of an automobile accident. The indemnity is calculated on the basis of the regular job the person held at the time of the accident and represents 90% of net  annual income, calculated on the basis of gross annual income that cannot exceed $88,000.

However, a victim who is unemployed but able to work at the time of the accident is not entitled to any income replacement indemnity for the first 180 days following the date of the accident.

(2) Expenses for personal home assistance

This is an amount determined according to a pre-established disability grid directly related to the accident. The maximum in 2022 is $949 per week for an injured person whose condition requires ongoing care. This amount decreases as the person recovers their abilities. However, the amounts allocated do not necessarily correspond to the actual expenses incurred during this period.

(3) Reimbursement of expenses incurred for treatment

The Société de l’assurance automobile du Québec covers certain expenses, such as treatment, transportation to get to appointments and medication required as a result of the accident. Obviously, the reimbursement cannot exceed the amount allocated for such expenses. For example, in 2022, the reimbursement of a physiotherapist’s professional fee cannot exceed $55 per prescribed treatment.

Expenses may be reimbursed for psychological support.

(4) Calculation of the lump sum compensation for loss of quality of life

This compensation is paid to victims who have aftereffects that impact their quality of life. It is intended to compensate for aftereffects, quality of life, suffering or loss of enjoyment of life. In 2022, the maximum amount is $265,939.

The compensation is based on the Regulation respecting lump-sum compensation for non-pecuniary damage and uses objective criteria. The injured person undergoes an examination of the injuries suffered, and the result is compared to individuals in the same age group.

(5) Death benefit

In 2022, the minimum death benefit paid to the deceased’s spouse is $75,840, and the maximum is $440,000.

The amount of the death benefit is calculated by multiplying the deceased’s gross annual income by 1 to 5, depending on the deceased’s age.

Since these cases require special attention with regard to the decisions rendered and the time limits for contesting them, don’t hesitate to make an appointment with a lawyer at a legal aid office.

************************************************************
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 here.

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 six months.




Legal brief *
August - September  2022
Number  7
Text prepared by   Me Marie-Eve 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.
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?This hypelink opens a PDF file in a new window.
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 SeparationThis hypelink opens a PDF file in a new window.
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?This hypelink opens a PDF file in a new window.
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
more
March
 3
Breaking and enteringThis hypelink opens a PDF file in a new window.
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 mattersThis hypelink opens a PDF file in a new window.
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 PersonsThis hypelink opens a PDF file in a new window.
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
 
© Commission des services juridiques Création: Diane Laurin - 2017