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.
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Short-term tourist rentals like Airbnb are offers to tourists to rent accommodation for less than 31 days. The practice is all the rage and has grown in popularity in recent years, due to the variety of rental accommodation on offer at competitive prices. The...
Generally, when you need a lawyer, it is because you find yourself in a problematic and/or conflictual situation. In order to obtain the help and legal advice you need to resolve this situation, you will have to talk about sensitive subjects and expose details of your...
The floods of 2017 and 2019 left their mark on all of Quebec, and these events were very costly for municipalities, the government and also many citizens. This is what sounded the alarm: our system clearly has several shortcomings when it comes to preventing natural...
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 improper use of these procedures....
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 their behalf. When you engage the services of a...
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 is not respected, the person will be...
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 kind of the...
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?
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 services (electricity, gas,...
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, how to free...
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 or force the sale by filing a legal...
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 certain neighbours can lead to conflicts, especially in the case...
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...
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 the works from a contractor without...
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, comes the time to (finally!)...
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 careful, follow the rules and have an informed...
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 option. Great solutions are the dispute prevention and...
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 is important...
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 fact be held liable when an injury...
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 mere exchange of consent. For example,...
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...
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 important to distinguish between legal fees and extrajudicial...
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 or...
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...
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: extinctive...
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 over-auction, abandoning the pre-purchase...
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 is a written notice sent by the creditor to the debtor,...
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...
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? Is it legal to have...
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 serious health issue or other similar problem that you...
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 a movie ticket or go to the hairdresser. Each of these...
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 road leading to them. The...
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. Like the rest of your property, this joint work requires...
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...
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 are suspended until the...
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 such a context, as well as anyone...
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, who, in...
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 are generally involved when it...
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 stock market, for example. However, every property...
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 from any problems....
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 a notice of...
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 of an animal in a...
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 and...
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 problems, you have some homework to do before making...
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 of care that is required of all of us, at all times....
