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 assembled. So Elliot's dad paid for this wonderful item and went back to the store to pick it up on the scheduled date.

When the family members showed up to pick up the bike, they learned that the store had sold it to someone else by mistake and Elliot no longer had a bike. Elliot started crying and his dad was very angry.

The merchant apologized and offered Elliot's father a refund of his $100 or a green bike listed for $180.

Elliot wanted his red bike and his father was firm about wanting a bike of the same value as the red one, namely $240. The merchant replied that he had only paid $100 and that the store was not obliged to give him one of the same value.

In such a situation, ss. 16 and 40 of the Consumer Protection Act protect the consumer. Indeed, a merchant has the obligation to deliver the goods as agreed. For example, in this case, Elliot's father had not purchased a $100 bicycle, but a $240 red bicycle with certain features. The merchant was therefore obliged to abide by the contract even though the bicycle was sold at a super discount.

In the end, Elliot left with a blue bike worth $250 because the red one could not be delivered until the end of the summer, and one summer in the life of an 8-year-old is an eternity.

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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/ .

Legal brief *
December  2022
Number  10
Text prepared by   Me Jean Théberge
 
* 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.

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 more

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