Civil law is a branch of private law governing relations between individuals or legal entities. Some common examples of situations in which using a lawyer can be invaluable are damage action issues, human rights issues, contractual liability issues or when drafting contracts between individuals, estate management and protective supervision for persons of full age.
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…
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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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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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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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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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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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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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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 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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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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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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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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