Under this section, we share with you some legal issues, advice and quick tips that, we hope, will help you or let you learn more about your rights and obligations.
The articles are general information. In each situation, the application and interpretation of a law, a regulation or a factual situation may differ. It is preferable to Consult our team for more information.
A litigator’s main job is to follow the provisions of the Civil Code of Quebec in managing his or her litigation files, and thus to draft and present proceedings before the courts. However, some people, and even some lawyers, make…
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A mandate, also known as power of attorney, is a contract by which one person (the principal) gives another person (the agent) the power to enter one or more legal transactions with a third party in their name and on…
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Happy Holidays and our best wishes for a promising new year! We hope you can take the time to rest during this period of celebration, in order to start 2024 with renewed energy. This is what we will do on…
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Article 1457 of the Civil Code of Quebec imposes an obligation on all persons of sound mind not to cause injury to others through their own fault, as explained in the blog “One’s Civil Liability“. In principle, if this obligation…
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First, it’s important to note that obtaining damages is only one way of obtaining reparation in the event of prejudice caused. Indeed, when the debtor, without justification, fails to perform his obligation, the creditor can also: to force performance in…
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In the last article, we presented the concept of servitude and the different means of establishing one. But when it no longer has any reason to exist, how can we put an end to a servitude?
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A servitude is defined as a charge imposed on an immovable (the servient land), in favor of another immovable (the dominant land), which belongs to a different owner (article 1177 of the Civil Code of Québec). For example, certain public…
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Civil liability is defined as a source of legal obligation. It arises from the transgression of a duty or obligation towards others and their property. This article will present the types of civil liability, the conditions for being considered liable,…
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You have just signed a promise to purchase a house and suddenly the seller refuses to follow through on the promise and refuses to sell. What can you do? You can either claim damages for the unilateral termination without right…
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If there is one thing we cannot choose in our lives, it is our neighbours. As much as they can become good friends, they can also become a real hell. In fact, it happens that the habits and behaviours of…
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Justice must respond to the needs of citizens and it offers different services, including the settlement conference. An alternative dispute resolution method to consider or not? The settlement conference is similar to mediation, the only difference being that a judge…
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At the end of your home construction project, upon acceptance of the work, be careful not to accept unreservedly the work, or make the final payment, if some defects are apparent. I have a general contractor A client who accepts…
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Building a brand new house is such an exciting project! Earlier this month we covered the planning required, as well as the licenses and permits to obtain before construction can begin. Now, with your plans, licenses and permits in hand,…
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When building a new house, many people choose to deal directly with a contractor, while others may decide to take matters into their own hands and manage their own building site. Note that in either case, you need to be…
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When a dispute arises, a legal process can be long and costly. It can also cause anxiety to some people. It is important to know that there are alternatives to settle a conflict, going to court is not the only…
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Has the municipality caused you damage? Whether it is for material damage, bodily injury or other, you have the right to claim compensation and take recourse against the municipality. But be careful, special rules apply to obtain compensation. Indeed, it…
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With the snow, the ice and the cold weather in winter, the risk of a fall and injury to yourself while moving around or participating in winter activities is increased. While these incidents may be accidental, the municipality may in…
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Every day we enter into many contracts without even realizing it. Indeed, a contract exists as soon as two persons (a company is considered a legal person), commit to do something for each other. A contract is formed by the…
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Sometimes, the habits and behaviour of neighbours can lead to conflicts. Therefore the Civil Code of Quebec provides for rights and obligations between neighbours, as well as the municipalities that modify or complete these provisions with by-laws. Although the law…
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A question we get often asked relates to the reimbursement of legal fees. Indeed, at the end of a trial, can one be reimbursed by the opposing party for the legal fees that one had to pay? First, it is…
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In principle, in civil matters, the plaintiff or defendant may represent themselves before the courts in Quebec. However, there are exceptions to this rule and being represented by a lawyer may be mandatory under certain circumstances. Legal persons A company…
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The Civil Code of Quebec provides a general obligation for the insured to always cooperate with his insurer, particularly during the post-loss investigation. This often means that the insured must repeatedly explain the circumstances surrounding the loss : the initial…
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Make no mistake, this article will not discuss of the prescriptions that your doctor writes for you following his diagnosis. Instead, this article will explain the legal concept commonly known as “prescription”. In law, there are two types of prescription:…
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It is no secret that the current Covid-19 pandemic is causing real estate fever: more and more people are looking to become homeowners in a saturated market. As a result, the buyer is often forced to acquire a property at…
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The formal notice is often the first step in a dispute. But how useful is it? Why is it so important? This article explains what you need to know about the formal notice. Distinction to be made A formal notice…
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Are you thinking about purchasing property in the coming year? Are you wondering what the potential seller’s obligations are? Section 1716 of the Civil Code of Québec (hereafter: C.C.Q.) states that the seller is required to: Deliver the property; Warrant the…
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Your commercial lease expires next month and you’re wondering if it will be automatically renewed? Are you entitled to remain on the premises? Under what conditions can the lessor terminate your lease and force you to vacate the commercial space?…
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At first glance, this title may seem a little strange. Indeed, it is unusual to hear a veterinarian say that our domestic pet has a hidden defect. However, this is the legal term used when your pet suffers from a…
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With winter coming, we will all have to change the summer tires on our vehicles to winter tires. While this may seem trivial, we will have to sign a service contract with a garage. The same applies when we buy…
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A parcel of land (lot) is landlocked (enclaved) if it has no access to the public road or if this access is insufficient, difficult or impassable. Public roads include not only provincial and municipal streets and roads, but also any…
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It is not uncommon for buildings to be separated by joint works, such as a wall, a fence, a ditch or a hedge. A joint work is one that separates two contiguous properties and is owned jointly by both owners.…
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When people say they are co-owners of a property, without knowing it, they are referring to undivided co-ownership, as opposed to divided co-ownership. In practice, being in an undivided co-ownership almost always presupposes a close relationship between the co-owners. These…
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The following is a brief summary of what there is to know in the Civil Justice Department, Gatineau District, during the COVID-19 pandemic: The extinctive prescription and lapse of time periods in civil matters, as well as the civil deadlines…
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The federal government has been promoting for some time its new Good Samaritan Drug Overdose Act. The measure aims to prevent drug overdoses in the context of the opioid crisis. Anyone who fulfills their duty to help by calling 911 in…
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It is an understatement to say that insurance is part of our lives. Life insurance, disability insurance, home insurance, automobile insurance and third-party insurance—they are all part of a major economic activity that gives peace of mind to policy holders,…
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Contracts are everywhere and come in different forms, from buying a package of gum to renting a house, to a handshake between two neighbours for an exchange of services. The vast majority of contracts do not involve a lawyer. Lawyers…
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Two-thirds of Canadians own a building, whether it is a house, a condo, a chalet, a farm, etc. Real estate is an area where it is relatively safe to invest, because of its stability and tangibility, as opposed to the…
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Several myths exist regarding hidden defects. Many people mistakenly believe that these are essentially vices that have been hidden in order to get a better price. Others will say that hiring the services of an inspector or expert protects you…
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The construction industry is difficult and risky: many companies can become insolvent and have to close shop after a project that has gone wrong. In this context, the law gives construction contractors an important privilege, namely the ability to register…
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Before breaking the window of a vehicle to save an animal during a heat wave, here are some points to consider: The Animal Welfare and Safety Act provides that when an inspector has reasonable grounds to believe that the welfare or safety…
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The law provides that real estate transfer fees must be paid whenever a transfer of immovable property occurs, with certain exceptions. This is commonly known as the welcome tax and it is collected by the municipality. Many exceptions exist in the law…
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Are you tired of spending long hours maintaining your property and considering buying a condo to get rid of this burden? Buying a condo may be the right solution for you, but be aware that in order to avoid future…
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This is an old principle dating back to the beginning of time that can be applied to an incalculable number of situations. This is only common sense: no one can take advantage of their own fault. This is the duty…
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On your lawyer’s recommendation, you have signed a written contract with your client to protect yourself in the event of a dispute. After all, it’s a long-term contract that is important to your business and a verbal contract didn’t seem…
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Any legal remedy begins with the filing in court of a document called the statement of claim. In principle, this document must then be served by bailiff on the other party, or on each of them if there are more than…
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