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.
Civil Law | New Posts
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...
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...
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,...
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...
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 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...
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...
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,...
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...
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...
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...
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....
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....
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 enough. Gradually,...
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 one. However, you can be properly sued...
