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 2024
October
HAS or SARPA, which applies to me?
HOMOLOGATION ASSISTANCE SERVICE - (H A S)
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 former spouse), where t
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August
Neighbourhood disturbances between tenants
You’ve been renting a new apartment for a few months and the neighbours are too noisy.
According to article 1854 of the Civil Code of Québec (hereinafter the “C.C.Q.”), landlords,also referred to as lessors, have the obligation to provide their tenants with peaceableenjoyment of their dwel
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June
Are childcare expenses taken into consideration in determining financial eligibility for legal aid?
Isabelle, who is the mother of one child, is about to separate. She works in housekeepingin a hospital at an annual salary of $39,000. She does not own any real estate and has$6,000 in savings in a bank account. However, she has to pay $1,750 in annual childcareexpenses for her six-year-old son. Isabelle wants to be represented by a lawyer. Shewonders whether she is financially eligible for legal aid.
It is important to remember that there are two ways to qualify financially for legal aid: at nocost or in return for the payment of a maximum contribution of $800.
To obtain free legal aid, Isabelle must satisfy the following three conditions:
1- Annual (gross) income scale:Her gross income must not exceed
$35,074 (maximum amount for eligibility for services at no cost for afamily of one adult and one child)
2- Property owned scale:The value of the property she owns must not exceed
$47,500, since she does not own her own home(the maximum would have been $90,000 had she owned her own home)
3- Liquidities scale:The value of her liquidities must not exceed
$5,000 (maximum amount for a family)(the maximum amount is $2,500 for a single person)
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Based on her financial situation, Isabelle meets the conditions of the property ownedscale.
Isabelle’s annual salary exceeds the annual income scale, and the amount she holdsin her bank account exceeds the liquidities scale. She can nevertheless be eligible forlegal aid in return for the payment of a contribution.
The following is the calculation method that applies. First, we must determine whichclass of applicant Isabelle falls into. The Regulation respecting legal aid states thatthere are six classes of applicants. Isabelle falls into the class of a family composedone adult and one child.
The following amounts must be added to Isabelle’s annual income:
10% of the excess property
100% of the excess liquidities
In computing income, the law authorizes the deduction of certain amounts, including the amountof the childcare expenses paid, up to the amount eligible for the provincial tax credit.
Here are the detailed calculations for Isabelle:
Annual income $39,000
Deduction for childcare expenses - $1,750
10% of the excess property($0 - $47,500) $0
100% of the excess liquidities($6,000 - $5,000) + $1,000
Income for financial eligibility purposes $38,250
The legal aid scale below (which is also found on the website of the Commission desservices juridiques) indicates that Isabelle is therefore eligible in return for a contribution of $200*.
Family composed one adultand one child
Income Contribution level
$35,074 Free
$35,075 to $36,812 $100
$36,813 to $38,550 $200
$38,551 to $40,288 $300
$40,289 to $42,027 $400
$42,028 to $43,765 $500
$43,766 to $45,503 $600
$45,504 to $47,241 $700
$47,242 to $48,980 $800
Don’t hesitate to have your eligibility for legal aid evaluated by making an appointment at a legalaid 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.
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* The director general can, under certain conditions, agree that the contribution will be paid in severalinstalments. The total period for such instalments cannot exceed six months.
Legal brief *
June
2024
Number
05
Text prepared by CSJ
Update by Me Jose Da Costa
* 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
Social Assistance - Understanding the New Basic Income Program
Social assistance, social solidarity, basic income – it’s easy to get lost in the many government programs available to people experiencing difficulties.
The Quebec government has established two programs for the province’s residents who are in a precarious situation: (1) The Social Assistanc
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April
De Facto Spouses* and financial eligibility for legal aid
Lea and William are the parents of a 15-year-old girl named Rose. Rose chose to live with her father when her parents split up two years ago. She now wants to move in with her mother and Annabelle, her mother’s partner, but her father disagrees. Rose’s mother thus quickly makes an appointment with a
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January
Can a police complaint be withdrawn?
Perhaps you filed a police complaint against someone a few days ago and now wish to withdraw it. You should know that it may not be possible to do so.
First, it’s important to understand that when police receive a complaint, theygenerally conduct an investigation to gather as much evidence as
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