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 2025
October
Psychiatric Assessments
Following a court ruling concluding that there is good reason to believe that Olivia represents a danger to herself or to others due to her mental state and ordering that she be confined in an institution, Olivia must undergo a psychiatric assessment. She wonders exactly what this assessment will en
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September
Criminal Harassment: When Letting Go Is Essential
Breaking up with someone always causes problems, whether emotional, financial or even residential. These problems, however, pale in comparison to the legal problems that can result from a poorly handled break-up. Criminal harassment is a broad offence that is defined as committing any of the followi
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August
Child Custody: Superior Court Versus
Court of Québec (Youth Division)
Jasmine and John are the parents of two children, Julian and Julie. When they separated, the parents agreed to share custody of their two children and decided to have their agreement confirmed by a court. They therefore obtained a judgment from the Superior Court, Family Division.
Custody was
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June
Claire and Michael Own a Home and Have Money in Their Bank Account — Are They Financially Eligible for Legal Aid?
Claire and Michael have been living together for over a year. Michael works at the village hotel as a waiter. Claire occasionally looks after children. Their combined annual income is $43,100. They have no children. They own a family home valued at $140,000, which is fully paid up. They have $6,000 in their joint bank account. Claire and Michael receive a notice from the Ministère du Travail, de l’Emploi et de la Solidarité sociale claiming a reimbursement on the ground that they were cohabiting while Claire was receiving social assistance program benefits two years ago.
It is important to remember that there are two ways to qualify for legal aid: at no cost or in return for the payment of a maximum contribution of $800.
To obtain free legal aid, Claire and Michael must satisfy the following three conditions:
1- Annual (gross) income scale:
Gross income must not exceed the following amount: $40,782
(Maximum amount for eligibility for services at no cost for a family of two
spouses without children)
2- Property owned scale:The value of property owned must not exceed$90,000, if the residence is owned $47,500, if the residence is not owned3- Liquidities scale:
The value of liquidities must not exceed$5,000 for a family $2,500 for a single person
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Even though the financial situation of Claire and Michael exceeds the three scales mentioned above (income, property and liquidities), they can nevertheless be eligible for legal aid in return for the payment of a contribution.
The following is the calculation method that applies. First, we must determine which class of applicant Claire and Michael fall into. The Regulation respecting legal aid states that there are six classes of applicants. Claire and Michael fall into the class of a family composed of spouses without children.
The following amounts must then be added to the annual income:
100% of the excess income
10% of the excess property
100% of the excess liquidities
The total amount represents the deemed income used to determine whether Claire and Michael are eligible for legal aid in return for the payment of a maximum contribution.
Here are the detailed calculations:
Annual income $43,100
Scale (free legal aid)Spouses without children $40,782
100% of the excess income($43,100 - $40,782) $2,318
10% of the excess property($140,000 - $90,000) $5,000
100% of the excess liquidities($6,000 - $5,000) $1,000
Income for financial eligibility purposes $49,100
The legal aid scale below (which is also found on the Web site of the Commission des services juridiques) indicates that Claire and Michael are eligible for legal aid in return for a maximum contribution of $500.*
Family composed of spouses without children
Income Contribution level$40,783 to $42,804 $100$42,805 to $44,827 $200$44,828 to $46,849 $300$46,850 to $48,872 $400$48,873 to $50,894 $500$50,895 to $52,916 $600$52,917 to $54,939 $700$54,940 to $56,962 $800
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 *
June
2025
Number
06
Text prepared 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.
April
Protecting Seniors from Economic Exploitation
With demographic aging, we are seeing a worrying increase in situations of financial exploitation of the elderly. This phenomenon manifests itself in various ways:
- Extortion of money: Individuals, often relatives, take advantage of their relationship of trust with seniors to cheat the
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March
I’ve Been Charged With Assault With a Weapon – Really?!?
Clara knows she has a hot temper, and her angry outbursts sometimes get her into trouble, which is exactly what happened a few weeks ago at her son Victor’s soccer game.
A parent from the opposing team wouldn’t stop shouting nonsense, and Clara couldn’t listen to the unbearable screaming any
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January
Repossession of a Rental Property
The owner of a dwelling who is the landlord of the dwelling may repossess it for specific reasons, in general, as a residence for the landlord or for ascendants or descendants in the first degree or for any other relative or person connected by marriage or a civil union of whom the landlord is the m
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