01 - REAL ESTATE


This is usually a payment problem that often affects the owners of buildings or homes. Indeed when the owner does not pay his debt to his creditor, generally a bank, he can send his debtor a notice to exercise his mortgage rights, which gives him the right to request the abandonment of the building in question voluntarily or by force. The law also gives him several means to recover his debt and to obtain all that the debtor owes him as money.

This is typically a contractor or subcontractor who has already performed work in your property. Indeed, the law gives this professional the right to register a legal mortgage to be paid among the first creditors. The goal is therefore to protect contractors so that they can be paid promptly for the services that they provided. However, this protection must respect certain conditions that are provided by law.

02 - SUCCESSION


The law requires that anyone who wishes to establish a will has the capacity to do so.  This capacity is assessed based on two main elements:

  • The majority of the testator  
  • The possession of all his intellectual faculties
The testator must therefore have the capacity required at the time of making his will. If the will has been made without respecting these elements, it may be canceled by the Court. To be declared invalid it has to be proven that the testator's was unfit or had no capacity at the time of signing the will. To do this any person wishing to request the cancellation of the will must prove that they have an interest.

Every estate has a liquidator. The liquidation requires of the liquidator to perform important functions, including:

  • Administration of the property of others
  • Inventory of the estate assets
  • Administration of the property of others
The administration of the property in a succession is similar to an administrator of the property of others in charge of simple administration for a curatorship or tutorship. As for the inventory the liquidator is obliged to make one because it is the fundamental element of the liquidation process.

The liquidator is therefore obliged to act in his duty with loyalty, caution and prudence. Thus, when he fails to fulfill his obligations, the persons having an interest in the estate could have recourse to the courts.

03 - FAMILY


The name change is possible and to be legal it will require the authorization of the Directeur de l’état civil. Generally, the change of name aims at adapting the name of the person to his reality, to facilitate his identification and to protect his dignity. Several conditions are necessary to carry out this process such as the possession of Canadian citizenship and the minimum residence of one year in Quebec. Moreover, the applicant must demonstrate that there is a serious reason to justify the change, for example a name is ridiculous or infamous or also is the result of a sex change. There is a simpler procedure when the person requesting the name change wishes only to add a particle from the father's or mother's surname as stated in the birth certificate. In all cases, the approval of the Directeur de l’état civil will not be given until all the steps required by law have been completed, including notices of publication.

Adoption is a procedure that can be long, expensive and uncertain, which can discourage many. In fact, there is a difference between the adoption of a child born in Quebec and that of a child outside Quebec. The procedure is more complicated when it comes to an international adoption procedure because we must take into account the Quebec law and the law of the child’s country.

The adoption of a child in Québec requires several conditions: the child must be a minor, the adopter must be at least 18 years older than him and the biological parents must consent or there must be judgment by the Court. The agreement of the child himself is obligatory if he is ten years old or more.

The procedure begins with an application for an order made to the Court to place the child in the adopter’s home for a period of six months in principle. After this period, another application must be made to the Court to adopt the child. The judge will review the application and ensure that the best interests of the child are taken. The adoption of a child born outside Quebec requires a request to the secretariat for international adoption. In general, the adopter must enter into an agreement with an agency approved by the Department of Health and Social Services that will facilitate the process and provide important advice. They must also undergo a psychosocial assessment to assess their ability to care for the child. In the case of a positive result, the adoptive parent must send all the documents to the authorities of the child’s country who will give their consent if the law allows it. The procedure will continue with a request for sponsorship and commitment, according to Quebec immigration rules. Finally, the adoptive parent must submit the application to the Canadian consulate services of the child’s country for the visa to enter Canada.

A marriage or civil union creates a maintenance obligation that remains until a separation judgment is pronounced. On the other hand, this obligation is in theory dissolved with the divorce subject to the dispositions rendered by the court. A married or civil union spouse may therefore apply to the court for support in the event of separation. This application is assessed by considering the criteria set out by the legislator and the Courts, such as:

  • Age;
  • The financial capacity of each spouse;
  • The ability to work;
  • Duration of cohabitation;

Child support is claimed for any child born of a marriage, civil union or common-law partner. The granting of this pension is of public order, so no parent can renounce or derogate from it. Child support is also subject to assessment criteria based public order on:

  • Age;
  • The needs of the child;
  • Type of custody;
  • The financial capacity of the parent;

If the spousal and child support applications are requested simultaneously, the court gives priority to the child support claim. The pension is based on the income of the spouse who pays the pension. It will therefore have to make the necessary declarations during the proceedings.

Grandparents are loved ones in the lives of children and it is important to maintain the relationships they have with them.

It may happen that they are sidelined from their lives or even have their relationship broken. To this end, the legislator has given dispositions for the maintenance of personal relations between grandparents and grandchildren.

For example, when grandparents are refused access or visits, it is possible for them to do a demand to the Court to restore the personal relationships they have with their grandchildren and to benefit from the right of access and visiting. The application is independent of a separation or divorce proceedings and can therefore be presented at any time.

The caselaw have established that the court must consider the interests of the child and, in the absence of a serious reason, that the relationship between the grand-children and the grand-parents should be maintain.

The new spouse may adopt an abandoned child when several conditions are met, for example, the adoptive parent must be major, married, civil union or living together for at least three years with the custodial parent. It will also require the consent of the child if he is ten years of age or older.

An application for adoption must be sent to the Court for an interim order. At the end, the judge will investigate and ultimately render his decision. In all cases, adoption must be in accordance with the interests of the child.

The parent who is in this situation may apply to the court for shared custody, exclusive custody or access or access. What the courts are looking for is the interest of the children, for example, in maintaining the closest possible relationship with both parents. No parent may on any pretext exclude the other parent from having custody, access or access to his or her children.

04 - GUARDIANSHIP AND TRUSTEESHIP


In theory an adult has full capacity. Meaning that he is able to take actions and decisions by himself. When this person is no longer able to do so, he may be declared incapable or unfit.

To this effect there are protective systems set up by the legislation which allows to protect them and safeguard their rights, property, moral and material interests.

These regimes are established according to their degree of incapacity. The decision to protect or be appointed as a representative for an unfit family member is a matter for the Court.

05 - WORK


The labor standards states that fulfilled the quality of employee:

  • the person who performs work in Québec and outside Québec for an employer whose residence, domicile, business, head office or office is in Québec;
  • a person domiciled or resident in Québec who carries out work outside Québec for an employer whose office is in Québec;

TThe employee is the one who under the subordination of an employer performs and performs tasks for remuneration which can be paid by commission, hourly wage ...

Thus, the method of payment does not determine the quality of the employee, only the elements of the formation of the contract as the subordination bond, the financial dependency defined the employee. Also, labor standards oblige employers to pay for work at least at the minimum wage.

The certificate of employment is a document that includes the following information:

  • the nature and the duration of employment,
  • the description of the employee's duties
  • the name and address of the employer

The certificate is not a reference letter and can not reflect the quality of the employee's work.

The employer is obliged to give to the employee such certificate upon request by him. This certificate must be delivered regardless the cause of termination.

The standard work week is established according to the Labor Standards Act at 40 hours per week outside overtime hours. However, these hours of work do not apply to:

  • employees who have a managerial position in the company
  • employees working outside the establishment whose hours of work are uncontrollable
  • employees who work, for example, in factories for canning, packing, freezing fruits and vegetables.

Moreover, these hours of work may be modified or extended by the employer. Thus, any work performed in addition to normal working hours is overtime and must be remunerated accordingly.

The labor standards have subdivided the hours of rest, leave, or break and have established, according to each one, the adequate time and, if possible, the salary to be paid.

  • Hours of coffee break or other (15-minute break, cigarette ...)

The employer has no obligation to grant these different hours of break; But if the employer introduces them, they will have to be remunerated.

  • Meal times

In general, meal times are unpaid. The Standards Act establishes 30 minutes of rest for the meal per 5 working hours. However, meal hours must be paid if the employee is obliged or it is necessary for the needs of the work to remain at his post whil taking his meal. In addition, every employee is entitled to a weekly rest without pay for a period of 32 hours per week.

  • Statutorey holidays: January 1 st , Good Friday or Easter Monday, the Monday before May 25 th , July 1 st or, if the date falls on a Sunday, July 2 nd , the first Monday in September; The second Monday in October, December 25 th

These days are paid at 1/20 of the wage earned during the 4 full weeks of pay, regardless of overtime under certain conditions:

  • The employee must not be absent without authorization or valid reason the day before or the day after the holiday.

In addition, an employee who is required to work or is on vacation on the statutory holiday is entitled to compensatory leave or compensation.

In theory an employer could employ children but under certain conditions.

  • It is prohibited for an employer to have a child perform work that is disproportionate to his abilities or that could jeopardize his education or harm his health or physical or moral development;
  • An employer is prohibited from having work performed during school hours by a child who is subject to compulsory school attendance;
  • An employer who has a work performed by a child subject to compulsory school attendance must ensure that the hours of work are such that the child can be in school during school hours.
  • An employer is prohibited from having work performed by a child between 11 pm on a given day and 6 am on the following day, unless the child is no longer subject to the child’s school attendance requirements or in the case of newspaper delivery ...

In theory the law requires that a child who wants to work must have the consent of his parents unless he is 14-year- old. Therefor an employer is prohibited from having a work performed by a child under the age of 14 without first obtaining the written consent of the person having parental authority.

In addition, the employer should establish the working schedule according to the place of residence of the child to prevent him from going to his home late.

Any strike initiated by employees must be done legally. The strike is a stoppage of work. The employer cannot in a strike situation do any of the following:

  • replace employees on strike or locked-out by "replacement workers"
  • have someone who has just been hired work during the strike
  • consider replacing, for reasons deemed insufficient, employees who would like to go on strike.

It should be specified that the replacement of employees or persons wishing to do the work in time of strike or lock-out does not apply to volunteers.

However, there is room for the employer to use the services of certain executives in the event of a strike. Thus, in the establishment affected by the strike or lockout, the employer may use only the services of the executives of that establishment or of another establishment to which striking or locked-out employees belong, provided that t/hese executives were hired before the start of the strike.

The strike suspends work obligations. Employees are prohibited from using the premises in the establishment where the strike or lockout occurs unless:

  • that an agreement has been reached between employers and employees and to the extent that it provides for it;
  • a list of essential services has been produced and approved by the Labor Court;
  • that a decree has been issued by the government;

The employee must ensure that the clause is written, limited in time, place and type of work performed by the employee, the clause must be necessary to protect the legitimate interests of the employer. Otherwise, the invalidity of the clause may be requested.

A worker who has been dismissed without just cause has a special recourse which allows him to have the sufficiency of the reason for his dismissal checked and, in the absence of such sufficiency, to be reinstated in his employment and compensated.

The employee must ensure that he meets the criteria for unemployment insurance and has to apply thru Service Canada despite his dismissal and we can assist you in this regard.

06 - BANKRUPTCY AND INSOLVENCY


People often find themselves bankrupted and accused of fraud. Fraud involves the fraudulent disposal of assets before or after bankruptcy, making false statements on a document or causing a legal document to be deliberately destroyed, or refusing to answer questions in accordance with the bankruptcy. The person who commits fraud is guilty of criminal offenses punishable by long prison sentences and heavy fines.

07 - CIVIL AND IMMOVABLE


The offer to purchase is a simple legal fact that does not really have any legal consequences, it’s just an invitation to contract, which does not require the buyer’s acceptation. There is a contract only if the buyer signs the purchase offer and the seller accepts it then a bilateral purchase promise will be present and therefore a validly formed contract.

Nevertheless this offer could be accompanied by a time limit or a clause allowing the parties to withdraw from the offer without any recourse.

For example, if the buyer finds hidden defects of which he had no knowledge at the time of an inspection of the immovable, he could, after inspection, notify the seller in due time and withdraw from the offer. If, on the contrary, the buyer had knowledge of his defects, before the offer was signed and there was time limit in the offer, it would be difficult for him to withdraw without any recourse from the seller once the time limit has expired.

Furthermore, if despite the expiry of the deadlines, neither party makes any mention of withdrawal, the offer is presumed to be still in negotiation.

For the purchase of a property, some clients use a real estate broker to complete certain purchasing procedures. The contract between the client and the real estate broker is a service contract in which each of the parties must respect its duties and obligations.

As soon as the real estate brokerage contract is signed, one of the principal obligation of the customer is to pay the commission due to the broker after the service provision. This commission is according to the clear and precise stipulations of the contract due to the signature of the acceptance of the promise of purchase by the customer or after the sale of the property.

The real estate broker entitled to claim his right to the commission must meet the rules of real estate brokerage and the public order requirements of the Real Estate Brokerage Act, that is to say to hold a brokerage permit. He must subsequently provide proof of the duly signed service contract clearly indicating the clauses of allocation and payment of his commission and could do an appeal.

Everyone is free to act, provided it does not harm anyone. Living in a community, in the neighborhood requires compromise, respect for others and accepting certain disadvantages. However, these disadvantages or disturbances may exceed the limit of tolerance or exceed normal. Under these circumstances the neighbor who suffers from these disturbances may bring an action for disturbance in the neighborhood. The legislation and jurisprudence have not explicitly established the limits of the neighborhood disorder standard. The court assesses on a case-by- case basis any actions that might be considered as neighborhood disturbances.

All decisions concerning co-ownership are taken by the board of administrators elected by the co-owners.

When the co-owners are dissatisfied with the decisions taken by the board, they may proceed to an election on sanction or to elect other administrators. However, there is no specific recourse for the decisions of the board, the law does not grant specific recourse except a judicial demand at the Superior Court.

In addition as the board acts as an agent, it is possible to engage their liability towards the co-owners.

08 - RENTAL BOARDS


The tenant who wishes to contest the rent increase must within one month of receiving the notice of the landlord either:

  • Notice the landlord of his intention to leave the dwelling at the end of the lease,
  • Notify their refusal in writing to the landlord to accept the increase.

If isn’t done it is considered an acceptance of the increase.

The tenant has one month from receipt of the notice to challenge the takeover. However, it should be noted that even if the tenant does not contest within a month, his silence does not cause harm. On the contrary, it is regarded as a refusal on his part to leave the dwelling.

If the landlord does not perform the repairs that are part of his obligations, the tenant can file a demand to Rental Board to ask for the rent to be reduced. The tenant can claim the damages in all the cases in addition to exerting a recourse for example for disturbances or inconveniences that it undergoes in the places rented.

A landlord who receives such contestation from his tenant may apply to the rental board within one month of receipt of the notice of refusal to fix the rent.

The landlord who receives the rent reduction request for inconveniences and troubles from his tenant must resolve the problem and then ask for the restoration of the rent for the future.

The landlord must submit an application for authorization to take over the dwelling within one month of the expressed or alleged refusal by the tenant.

The decisions of the rental board may be appealed with the permission of a judge from the Québec Court, when the question at issue is a matter which ought to be submitted to the Court of Quebec. However, it should be noted that certain decisions of the board are not appealable, for example, a decision that is intended to fix the rent, to change another condition of the lease or to review the rent.

09 - CRIMINAL


Possession means that a person exercises some control over a substance of which he is aware. In other words, the power exercised must be direct and restrictive on the thing. For example, a person who grows Marijuana may be charged with possession of illegal substance.

On the other hand, lawful trafficking is the act of selling, administering, giving, transferring, transporting, shipping or delivering an illegal substance. Thus, the person distributing such a product against payment or free of charge may be charged with drug trafficking.

Sexual assault is an intentional application or threat to the use of force against a person. In other words, it is the intention to commit an aggression knowing that the victim does not consent. The law does not require that the abuser seek sexual satisfaction, so a woman was convicted of sexual assault for attempting to cut her sons genitals.

Shoplifting is a theft that is committed without the use of force in a store by someone who has legally entered as a customer. With the installation of cameras and detection means as electronic antitheft devices, more and more thieves have been accused with solid evidence. Complicity and attempts are also punished, for example, people try to steal cosmetics but are unmasked before they can leave the shop. In defending himself the accused must demonstrate that he did not intend to steal these products but that he took them by mistake or omission.

Drunkenness is a state of euphoric excitement, with perceptive disorders and an incongnition of movements due to the consumption of alcoholic beverages or sedative psychotropic drugs. The law prohibits driving a motor vehicle because the risk of accident is very high. Indeed, driving means consciously having physical control over the direction of the vehicle.

Driving while impaired can be charged with dangerous driving, as it puts at risk the lives and integrity of other road users.

The term "domestic violence" doesn’t refers to any specific offense and is not an offense per say. It rather refers to a context. This may include, for example, a charge of assault, threat, harassment or sexual assault, but we will talk about domestic violence when the people involved are dating or in long term relationship, such as common law or married.

The rules of the SAAQ state that any person whose license has been suspended has the right to obtain it through a request for review. There are, however, criteria and exceptions to this request for review. The application can be submitted to the SAAQ, making sure to have all the necessary documents. However, if the suspension results from an offense other than the one mentioned in the rules of the SAAQ, the application for review of the permit will only be possible in the Court and could lead to criminal prosecution.

A ticket represents a statement of offense. The report indicates certain elements such as the reason for the offense, the name of the person, the penalty incurred, the address to transmit the plea ... When the report was issued in error or a person wishes to provide proof afterwards reception, he has the possibility of being able to contest it. This person has 30 days from receipt of the statement to forward his plea, that is to say plead guilty or not guilty. If a plea of not guilty is decided, it must be proven that the finding was made in error. If one pleads guilty a judgment will follow and the person will have to pay the due amount.

TThe law states that everyone has a duty not to harm others. People who fail to do so and who cause harm to others must be taken accountable. This is called "civil liability". There are two types of civil liability:

Contractual liability: when there is a contract between the parties involved.

Extracontractual liability: when there is no contract between the parties involved.

For example, if you break the window of your neighbor's house by playing baseball in your yard you normally have to pay the repair costs. Similarly, if your dog bites and hurts a person, as a dog owner you may have to pay the drug costs and the lost wage if the person misses a few days of work.

You should be aware that only those who are "endowed with reason" can be prosecuted for civil liability. A person aged 7 years and older is generally considered to be endowed with reason, but this may vary from person to person. The law provides that everyone has a duty not to harm others, whether it be physical, moral or material in nature.  Whoever fail in this duty and who causes harm to others must repair it.

There are two types of civil liability: liability when there is a contract between the persons involved (contractual liability) and liability when there is no contract between the persons involved (extra contractual liability).

The manufacturer and the seller have a similar obligation to ensure the quality of the property, in other words to ensure that the property sold or placed on the market is exempt from latent defects.

Before the goods are acquired by the vendor, the manufacturer is required to design and manufacture them in a safe manner. It has in addition to this obligation of guarantee of quality, requirements and duties to respect when making the products. For this purpose, the manufacturer must:

  • guarantee the security of the property
  • inform purchasers about the danger of property
  • not to make false advertising of the property

Thus, being in default of these obligations, could give rise to contractual and extracontractual remedies. The buyer must prove that the property has caused him any damage and that the rules of confection, conservation or any other rules relating to the profession have not been respected.

As for the seller, he is obliged by law to guarantee to the buyer that the goods and their accessories are exempt from hidden defects at the time of sale, which render them unsuitable for the intended use ... Is not obliged to guarantee the goods with defects and of which the purchaser was already aware or had been informed.

Is considered fraud:

  • Obtaining something by a false pretense or by a contract made as a result of a false pretense
  • Obtaining a benefit from a false statement in writing about his or her financial situation or ability to pay.
  • The making of a false document, a document wholly or partially falsified.
  • The making of a document corresponding to any material on which may be inscribed something that can be read by a human being or device, including a credit card.

A person who commits fraud or uses forgery is liable to criminal prosecution.

10 - RESPONSIBILITY


The accountant is bound to the customer by a service contract. He is required to act in accordance with the rules required by his profession. He has an obligation of means which obliges him to act with prudence and diligence. It is necessary to act in the best interests of the client when preparing financial reports. It must organize in time all financial or annual reports.

When financial reports such as notices of assessments, taxes and others have been poorly evaluated or conceived outside the deadline, the accountant undertakes responsibility. The client may have recourse which could lead to professional liability if it turns out that the accountant is an accredited accountant or contractual liability for the one who is not part of the order of accountants.

The manufacturer and the seller have a similar obligation to ensure the quality of the product, in other words to ensure that the product sold or placed on the market is exempt from latent defects.

Before the goods are acquired by the vendor, the manufacturer is required to design and manufacture them in a safe manner. It has in addition to this obligation of guarantee of quality requirements and duties to respect when making the products. For this purpose, the manufacturer must:

  • guarantee the security of the product
  • inform purchasers about the danger of product
  • not to make false advertising of the product

Thus being in default of these obligations could bring contractual and extra contractual recourses. The buyer must prove that the product has caused him any damage and that the rules of confection, conservation or any other rules relating to the profession have not been respected.

As for the seller, he is obliged by law to guarantee to the buyer that the goods and their accessories are exempt from hidden defects at the time of sale, which render them unsuitable for the intended use. He is not obliged to guarantee the goods with defects and of which the purchaser was already aware or had been informed.

The builder is mandated by a contract for the construction or renovation of buildings. This contract obliges him to respect the recommendations of his client and to carry out the works according to the rules of art. This contract automatically creates a presumption of liability for construction defects.

Thus when there are defects of constructions such as:

  • serious damage that could affect the building and result in a total or partial loss
  • defects that are considered minor damage

The customer has, as of the moment he becomes aware of these defects, a limited time period (depending on the defect that occurs on the building) to denounce them. The builder advised of the defect must see to it to avoid incurring his responsibility.

To this end, the law provides, for example, that "if the loss of the immovable or the serious defect which may cause the loss of a building work is recognized within five years from the end of the work, Within three years of such loss or of the first manifestation of the default, if such defects manifest themselves gradually.

The banking responsibility is very broad and fairly complex. This responsibility extends as much to the client as to the government.

When the client makes deposits, the bank becomes the debtor of his client and must pay him the amount due, if requested. She may also act as a drawee that is to say paid her client the sum she has received or receives by check or by transfer. Thus, it engages its responsibility towards its customer or commits a fault if one subsequently finds that the check has been fraudulent. In these circumstances, several recourses can be envisaged. If the clients are in the same bank and the bank acts as much as the drawee and collector, then the bank could have a recourse against the customer who paid the fraudulent check. If it is two separate banks, then the drawn bank will have recourse against the collection bank.

In addition, the Bank owes the Government an obligation to prevent or report any suspicious financial transactions such as money laundering, terrorist financing and / or criminal offenses. It is thus obliged to verify the identity of the customers and to monitor their transactions continuously, in order to detect any fraudulent transactions.

The link between a travel agency and its customer is a service contract. This contract requires the agency to fulfill an obligation of result.

The travel agency has a duty to inform the customer and to find the environment that is most suitable for the customer.

The agency may act as the principal tour operator by issuing the ticket or acting as agent for the customer for the purchase of ticket or even for booking the hotel room for the customer. She is in all cases guarantor of the tour organized and is presumed to be responsible for her personal fact and may be due to the third parties involved in the trip.

As agent, she is presumed to be responsible for her faults. However, in order for the client to be vicarious, the client must prove that there’s a fault committed in the execution of the mandate.

To invest in stocks or make investments it is important to hire a professional, like a securities broker.

The investment broker is responsible for directing and guiding customers in their investments. The broker owes the customer an obligation of means. It must act in the interest of the customer and make sure that the investment advice given corresponds to his investment objectives and his financial situation. This obligation requires to act with caution and diligence.

If the broker doesn’t act as recommended by his profession, his liability may be incurred in respect to the client. The customer must demonstrate that the broker did not behave in the exercise of its functions like a cautious and diligent broker. The court will assess the fault by relying on the facts of the dispute.

The sale of a building is long and sometimes a complex process that requires the presence of a notary who can guide and assist the parties throughout the process.

The notary has the duty to act impartially and to advise all parties to the deed of sale. He has an obligation of means which requires of him diligence and caution in the exercise of his profession.

At the time of sale, the notary has, for example, the obligation to conduct a proper security examination, in other words, to ensure that there are no irregularities likely to harm the parties, the sale or the purchase of the building and also to use as required the sums in trust received from customers. Thus, the non-fulfillment of its obligations, may engaged his liability if the client proves that the notary has committed a fault in the exercise of his mandate.

Medicine is a constant field of research and is still in development. Doctors use their skills every day and are in a race for knowledge in order to eradicate all kinds of diseases. This profession does not oblige them to fulfill an obligation of result but is rather an obligation of means which requires very great care and diligence. In other words, they must use all possible means to establish the good diagnosis and, if possible, to achieve healing.

When a physician commits a fault in the practice of his profession, or has been negligent, the patient during his lifetime, or the heirs in case of death, must prove that the fault has caused harm or is harmful to the patient.

The court will assess the fault of the physician by analyzing the attitude that a careful and diligent doctor would have had under such circumstances.

11 - ADMINISTRATIVE LAW


It is important for every employee and employer to know what recourse is available in the event of wrongful dismissal, litigation or harassment in the workplace. Harassment may come from the employer or co-workers. An employee who is the victim of harassment may submit a written complaint to the Standards, Equity, Health and Safety Commission (CNESST). When filing the complaint, the Commission will have to assess the admissibility of the complaint. If the complaint is deemed inadmissible, the employee may request a review of it. If the complaint is found to be admissible, the Commission is required to deal with the complaint by conducting a diligent investigation into the circumstances of the harassment. At the end of the investigation, if no settlement is reached between the parties concerned, the complaint is sent to the Administrative Labor Tribunal.

An employee who claims to have been wrongfully fired may contest his dismissal with the Commission. To do this, he must ensure that he meets certain requirements relating to the law on labor standards. The appeal is made by filing a written complaint with the Commission within the prescribed time. The employee will have to prove in such a recourse his seniority and his unfair dismissal. On the other hand, the employer must show that he has dismissed the employee for a just and sufficient cause. The Commission will review the reason given by each of the parties and determine whether the dismissal was warranted or will result in the reinstatement of the employee.

According to the law a work accident is an unforeseen and sudden event, attributable to any cause, occurring to a person on the occasion of his work. It also refers to an accident at work when the worker, without performing his professional duties, is the victim of an accident while performing work related activities. An occupational disease is any injury or limitation that occurs over time and is directly related to the particular risks of the job. In either case, this accident must lead to an injury so that there is a presumption of professional injury.

This professional injury is subject to an indemnity that would benefit the employee. It is up to the employee who would like to receive an indemnity to prove that this accident is a work accident within the meaning of the law and to obtain indemnities from his employer and the CNESST. For example, the employer is required as a result of an accident to pay the employee a certain percentage of his income for a limited period of time in lieu of his usual income, at the risk of an action being brought against him.

The law has not provided for many contestation choices for the employer. When the employer feels aggrieved by a request made by his employee, he has the possibility of challenging it by sending to the Commission a request to protest.

If the employer suspects false statements or medical reports that are fictitious or falsified by the employee to benefit from the employment injury allowance, he has the possibility under the rules of CNESST to request to be provided with another medical report.

Thus, the employee will have to submit to this requirement by making another medical report by another doctor chosen by the employer.

Thus, where a decision has already been rendered, the employer has the opportunity within the time limit to apply for a review of that decision.

12 - CONSUMER LAW


Consumers in general are unaware that legislators have provided rights to protect them in the event of a dispute. The Consumer Protection Act is a specific law that provides rights and protections for the consumer. In principle, certain recourses are possible depending on the type of contract, or mainly the type of contract of sale.

To exercise this recourses you must ensure that you are a consumer who is protected under the Consumer Protection Act. When the seller has not complied with his obligations or if the property sold has defects or the goods covered by the contract cannot be used for the purpose for which they are normally intended, the consumer has different recourses regardless of the type of contract of sale:

  • cancel the contract of sale;
  • replace the property or have it repaired;
  • get a price reduction;

This solutions are conceivable outside the Court, but in case of disagreement, judicial recourses are available in the small claims Court.

When a service contract is signed, each party is bound to respect its obligations. When the service provider does not perform what was agreed in the contract, or does not fulfill his obligations, the dissatisfied consumer always has a recourse. Thus, the legislator or the Courts in case of disagreement take into account the circumstances of the contract, the condition of the parties, but especially the benefits that result from the contract for the consumer. In that case the consumer dissatisfied with the services rendered may request the nullity of the contract or the reduction of the service charges or even claim damages, that is to say an amount of money to compensate for the harm of the dissatisfaction with the service.

Service providers, vendors or manufacturers are required to guarantee the good and ensure quality. A good sold or a service provided must be in accordance with a declaration or an advertisement made about it by the merchant. The property must correspond to the use for which it is intended and the resulting price must be in accordance with the property sold. When the customer has been wronged by false advertising and that had it not been for these advertisements he would not have contracted the consumer contract, he could ask for the return of the price of the service rendered or claim damages.

The provisions relating to the use of the contract of sale are similar. When parts of a sold product are missing, the consumer may either

  • return it to the store
  • cancel the sales contract
  • replace a property;
  • ask a price reduction;

13 - IMMIGRATION


Depending on your country of origin, you may need a visa to visit Canada. We can help you apply for an online visitor visa directly with the Canadian Embassy responsible for issuing visas for your country. We will review with you the deadlines and relevant documents to be submited. In addition, we can help you choose a program of study suited to your experience, skills and career goals. In addition, international students who are in the process of graduating from a Canadian post-secondary educational institution may be issued an open "postgraduate" work permit of a duration equivalent to the completed program of study, up to 3 years, subject to different criteria that we can look at with you.

Know that according to your skills and your career, there are different programs in each province and we can guide you to a personalized approach. For example, the Quebec government has instituted a streamlined process for the specific recruitment of workers in certain occupations where there is currently a significant gap between supply and demand for labor. Canadian work experience or an offer of employment from a Canadian employer can also simplify your process for obtaining permanent resident status as part of such an application. We invite you to contact us to learn more about the professions in demand in Quebec and Canada and to obtain a work permit.

We will discuss the best approach according to your priorities, your obligations to stay in Canada or to return to your home country citizenship, the deadlines depending on the country where you decide to submit your application and the criteria to be met to ensure prompt processing.

We will be able to inform you of your rights, of the procedure but also of your other immigration options, while evaluating your best chances of maintaining a status or regaining a status in the near future.

Persons who are ineligible in Canada for past criminality may become eligible by applying appropriately to overcome this ineligibility. We can accompany you in your steps according to your profile and your short and medium term priorities. (Temporary Residence Permit, Rehabilitation Approval, Forgiveness) but also to prepare your hearing if you are called to a hearing to assess your eligibility.

Be aware that a foreign citizen or a Canadian permanent resident may be denied entry to Canada if he

  • has not complied with Canadian immigration laws
  • represents a threat to the security of Canada
  • Falsely presented to Canadian immigration officials
  • has health problems that are considered serious
  • does not have the money to support himself in Canada
  • is a close relative of an ineligible person

Know that there are several options and it is sometimes advantageous to reapply or change options for your immigration path. We will put in place the best strategy to avoid unnecessary delays.

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