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
December
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
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November
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?
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Octobre
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
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August - September
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 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.
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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.
March
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
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February
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
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January
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
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