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At times, lawyers are misunderstood professionals. As their services are required in unpleasant situations, their intervention is often identified as a negative experience. Whether it’s a civil lawsuit or a criminal trial, it’s a safe bet that you don’t view your adventure in the justice system as rewarding or even fun. It’s completely understandable.
The truth is, lawyers are available to alleviate the hardship or inconvenience of legal proceedings and give you the peace of mind. In addition, a lawyer can help ensure success in your case or dispute. We present to you the services of qualified lawyers in the Granby region that you can choose for a quick resolution of your problem.
The practice of law consists of relating a situation to relevant legal provisions. This is the primary role of the lawyer who, based on this general principle, will try to convince a judge that the law is in your favor. This task remains the same regardless of the area of law for which you seek legal assistance but you still need to refer your problem to the right lawyer practicing in the proper field of law. Below are the most in-demand fields of law practice in Quebec.
Administrative law: This branch of law is mainly useful for citizens finding themselves in a situation of litigation against the public administration of Quebec, whatever the nature of the latter. Whether you have been the victim of a fault on the part of a government department or office that has caused you damage or you wish to assert your rights, an administrative law lawyer is the ideal expert.
Inheritance law: Far from being limited to the drafting of wills, inheritance law is part of the competence of lawyers in several respects. At first glance, succession planning includes intrinsically linked legal and financial elements. Therefore, developing a succession plan requires the involvement of a lawyer to ensure that the inheritance is passed on in its entirety and with minimal taxes after death. This is the reason why lawyers and financial planners come together for this important function.
Criminal and penal law: The field of criminal law is such a complex one that lawyers practicing in this field obtain additional training to their compulsory course to master their craft. Since the stakes are extremely high, don’t forget to hire a lawyer who specializes in criminal law. A simple or subtle formality could clear you of the charges against you.
Youth rights: Children and adolescents of minor age have rights that the Charter of Rights and Freedoms expressly recognizes. As they have special interests to preserve and are frequently drawn against their will into disputes that do not directly concern them, they need special legal representation.
As a result, youth lawyers work in close collaboration with the Director of Youth Protection (DYP) to protect children in problematic family situations. They are also empowered to represent children in court when it is in their best interests to be represented.
Labor law: Unionized or not, you have the right to be represented by a lawyer to assert rights infringed upon by an employer. Although unionization forces you to go through the steps provided in the agreement to initiate certain types of remedies, the door is always open for disputes that are beyond the competence of your union and for non-unionized workers. Labor law is a specialization, so hire a lawyer who devotes most of his practice to it!
Insurance Law: The insurance lawyer is the expert you should contact when your insurer refuses to grant you the compensation you believe you are due. He will represent your interests against your insurer and will attempt to present an interpretation of the contract in a manner that is favorable to you.
A question on everyone’s lips when it comes to hiring a lawyer: How much will it cost? To provide a precise answer, you must first know that several criteria specific to your situation will affect the price, including your eligibility for government legal aid. In terms of the factors influencing the cost of the services of your lawyer, we can consider:
In addition to these criteria, the type of fees recommended by your lawyer will also have a certain influence. In fact, the majority of them work at an hourly rate from $150 to $350 per hour. The more complex the case, the more hours will be spent by a lawyer working on it so this can increase the overall cost of your legal fees.
However, do not be surprised to learn during your research process that some lawyers opt for alternative compensation. This is particularly the case of lawyers who prefer to charge a lump sum, a conditional rate, a percentage on the amount awarded, or a periodic payment agreement between him and his client.
As mentioned, the experience of a lawyer and the reputation of the firm with which he is affiliated will greatly influence the final price to be paid. This is why it is so crucial to compare different expert lawyers before hiring one using Compare Lawyers!
Access to justice is a hot topic in the legal world as they are deemed inaccessible to the poor. Indeed, with the cost of attorney fees, extrajudicial costs, and the personal implications involved, getting justice when financial resources are low can be difficult.
Fortunately, if this is your situation, know that the government is setting up a legal aid program offering free or affordable legal services to those in need. This program includes the following two components.
Eligibility to Free Legal Services: A lawyer will be made available to a person requiring services completely free of charge when the person’s annual income is low enough to warrant such assistance. In particular, a single person earning less than $22,750 (gross) per year can avail of the services of a lawyer, free of charge. The eligibility thresholds change depending on the marital and family status of the person concerned.
Eligibility with contribution: The so-called contributory component of legal aid is offered to those who require financial assistance but whose income is too high to qualify for free legal aid. This contributory component works by granting “installments” of $100 to people requisitioning this assistance up to a maximum of $800. Again, the thresholds depend on the family situation and marital status of the person seeking legal aid.
Before you consider applying for legal aid, you should know that not all lawyers handle cases under the legal aid program. Further, certain legal remedies are not covered by this program, regardless of the person’s financial resources. Check with a lawyer if your remedy qualifies for legal aid!
If you are the victim of an accident due to somebody’s negligence, it is normal to want to be compensated for the damage suffered. Whether moral or physical, the harm suffered deserves to be repaired. To do this, you will need a lawyer specializing in civil liability in order to succeed. The particularity of this area is that the regimes put in place by the state limit the jurisdiction of the Civil Code of Quebec in this area. Here are the particularities of such remedies under Quebec law.
It all starts with the damage suffered. There is no point in taking legal action against another person if you have not been the victim of any harm. This can be physical, material, or even moral. In the latter case, we mainly refer to defamatory remarks or damages which, although affecting the integrity and well-being of a person, do not leave a physical imprint. It will also be necessary to prove the existence and the seriousness of the damage caused.
The law does not provide for a universal insurer, someone will have to be at fault for you to be compensated in any way. Fault in civil law is difficult to define, but it includes an element of negligence and a breach of a duty of care on the part of a reasonable person. The law speaks of the “good father” standard by referring to the behavior of such a person.
The fact that fault and damage have been proven does not detract from the fact that they must have a causal link in order to open the door to a civil liability remedy. Certain presumptions will facilitate this proof in a few very specific situations, but the general rule is that the burden is on the applicant to prove this causal link.
These civil liability rules are still very relevant today. However, there are fewer and fewer remedies of this nature finding their way to court. Why? Because the insurance industry has grown so big in the last decade when it comes to compensation to the point where finding someone to be responsible has become very difficult. This is not to mention the regimes that the government has established to compensate accidents at the workplace. Here are some examples.
Work accidents and the CNESST plan. There is no point in taking advantage of a civil liability remedy for an accident that has occurred in the workplace because it is the role of the CNESST to compensate you. The case will be referred to CNESST if you go to the courts.
Automobile accidents and the Quebec “no-fault” regime. In the 1970s, Quebec adopted a no-fault liability system for automobile accidents. This is commonly referred to as the “no-fault” policy. Such a plan means that it is now impossible to sue another person for an automobile accident that has occurred in Quebec.
Who will be responsible for compensating you for a car accident? Your private insurer will compensate you for the material damage to your vehicle while the Société de l’assurance
automobile du Québec (SAAQ) will compensate you for the bodily injuries you suffered.
When you take out an insurance policy, you rarely connect it to the legal field. While insurance policies are very useful in providing protection, your insurer may be hard on you when it comes to claiming your compensation. Whatever the reason, when such a situation arises, you are not helpless; a lawyer specializing in insurance law can help you.
Insurance lawyers work for both policyholders and insurers when it comes to providing the following services!
Insurance policy analysis: The insurance contract, more commonly referred to as an “insurance policy”, is one that includes several clauses that are sometimes complex and even ambiguous in their application. When you and your insurer do not agree on the meaning to be given to a contractual clause and the latter refuses to compensate you, seeking the services of a lawyer can increase your chances of succeeding.
Contested decision: Sometimes, the insurer considers that your damage or claim is simply not covered by your policy and that the responsibility for replacing or repairing the damage lies with you. Again, this decision doesn’t have to be final and you haven’t said your last word; a lawyer can help reverse this decision.
Moreover, it is preferable to contact a lawyer very early in the process, because he can negotiate from the first refusal a suitable compensation, especially on grounds of refusal that are without legal basis.
Litigation against the insurer: When your insurer refuses to compensate you or pays you an amount that you feel is insufficient, it can lead to a dispute between you and your insurer. It will be the role of your lawyer to represent you if the conflict should escalate and end up in court.
Dispute resolution: Before considering the litigation route which would lead to trial and therefore to considerable legal costs, your lawyer will attempt to settle out of court in a private dispute resolution forum such as mediation. This may not get you complete satisfaction but at least, it will help find a reasonable compromise. Arbitration is another interesting alternative to traditional justice!
What if your insurer accuses you of lying in your initial statements? If you are accused of making false statements when purchasing an insurance policy or of failing to mention your own increased risk, it is important to contact a lawyer promptly.
To find the best experts in insurance law in Granby for an insurance dispute, you need to trust Compare Lawyers to find the right expert! All you have to do is complete the form to be connected with the right lawyers.
Insurance and law work together very closely. Moreover, insurance has replaced many more general laws on civil liability in Quebec, mainly in automobile accidents. To help you with the legal side of the process, here is an outline of the main areas of insurance in the province as well as the obligations of insurers and policyholders.
Property insurance: Such an insurance policy aims to protect your property against external events that could damage them. Thus, in case of damage or loss, your insurer would be obliged to compensate you for the replacement of your goods.
Depending on the clauses of your contract, your insurer will either have to restore them to new or to the value on the day of the loss. The amount of the premium will be adjusted accordingly. Moreover, a deductible has to be paid in such an insurance policy.
In addition, not all causes of claims will allow you to be compensated. In particular, catastrophes are excluded from such insurance coverage including an earthquake, flood, landslide, etc.
If the loss is due to willful misconduct on your part, the insurers will also refuse to compensate you. When you read about such exclusions, you realize the importance of understanding insurance policies, something with which lawyers can help you with!
Liability insurance: Liability stems from the obligation of every person not to cause harm to others by following the standards imposed on him according to his circumstances. Many insurers offer insurance for damage that an insured may attribute to others resulting in a lawsuit for damages.
Thus, if the insured is the subject of a lawsuit, the insurer will have an obligation to protect him first by providing a lawyer. If the insured is found guilty, the civil liability insurer will have an obligation to compensate the victim.
However, the coverage offered by the liability insurance insurer has certain limitations, in particular, that of not covering the criminal liability of the insured or his punitive damages. Thus, willful or intentional acts are not covered by your liability insurance policy.
Automobile insurance: Quebec is a unique example in the world of automobile insurance because the province has established a no-fault insurance plan in the event of an accident. This implies several things. First, no automobile accident of any kind can be brought to court.
Then, any person driving a vehicle on the roads of Quebec is obliged to have civil liability insurance to cover material damage in the event of an accident. Insurers compensate their policyholders based on the scales provided for in advance in the Direct Compensation Agreement for the Settlement of Automobile Claims. Under this agreement, all insurers pay their policyholders for the damage as they have even waived their right to sue.
When it comes to personal injury caused by an automobile accident, those involved in the accident still cannot hold the person who caused the accident liable. The only solution available to them is to ask the Société de l’assurance automobile (SAAQ) to compensate them.
The notion of willful misconduct in insurance matters: Whether in terms of civil liability or property insurance, insurers usually do not cover their policyholders when they have committed willful misconduct.
However, we must be careful of the fault that will be qualified as such because the legal meaning differs slightly from common sense. Willful misconduct is one that demonstrates serious recklessness and gross negligence. This is behavior that a reasonable person could not have performed under the same circumstances.
When the insurer invokes such a fault, the claim will not be covered by the insurance policy and it will be up to the insured to demonstrate that the fault was not intentional.
If your insurer alleges such misconduct on your part or refuses to honor your liability, property or automobile insurance policy, contact an insurance lawyer to help you.
The courts have important powers over the cases that come before them. While access to justice is a fundamental right, how some of these rights are exercised may justify denying access to the courts. To prevent this from happening to your case, make sure you do not meet the following criteria.
Abuse of the process: For an act to constitute abuse, it must qualify as being unfounded, vexatious, willfully prolonged, or it must be aimed at harming another person. Abuse can also include excessive use of the system. For example, a multi-million dollar lawsuit for a simple fence bickering would be abusive, to say the least.
Quarrelsome: The criteria for quarrelsome akin to abuse of process, except for being even more specific. A person described as quarrelsome by the court is one who seeks conflict at all costs and on bases always more frivolous than the others and who wants to use the court as a theater to exhibit his talents for argumentation.
These individuals are sometimes so persistent in their prosecutions that the court now maintains a register of vicious litigants. These now need the authorization of the Chief Justice of the Superior Court to be able to bring an action.
Gag lawsuits: Gag lawsuits are compared to David against Goliath. They are, in effect, lawsuits aimed at silencing parties with weaker financial means. For example, multinational companies that prosecute protesters for allegedly defamatory comments make sure to silence them, as they will spend all their means defending themselves against such allegations.
When a judge finds abuse of the process, he may decide to prohibit the appeal and subsequent pleadings that occur during the trial. Besides, the burden of proof for abuse is reversed as soon as the abuse is summarily proven. It is, therefore, sufficient to convince the judge that an abusive process is probably taking place for the task of proving otherwise will fall to the other party.
When faced with an unfavorable judgment, it may be tempting to immediately rush to your lawyer and demand that he initiates the appeal proceedings. If your motives are in the right place, the Civil Procedure Act provides very specific conditions for an appeal to be justified. In particular, you must differentiate between the following two types of appeals.
Appeal as of right: An appeal as of right is one that is automatically heard by the court of appeals due to the characteristics of the case. Here are some examples of this type of appeal:
Appeal with leave: Appeals as of right are obviously different from appeals with leave. These, therefore, do not fall into the categories listed above. Appeals with leave are said to be of significant legal interest in order to be authorized by the Court of Appeals and to present a new principle in law.
These are just the main principles surrounding the right of appeal in Quebec law; a lawyer will be happy to enlighten you on your chances of seeing your case successfully appealed by analyzing its foundations.
Contempt of court is an act that can come in many different ways. It can be the result of either unacceptable behavior in court or the violation of an order issued by one of the provincial courts. For example, engaging in rude and vexatious behavior in court towards the judge or opposing lawyers could constitute contempt.
Violation of an order such as an injunction will also constitute contempt of court. But what are the consequences of such offensive behavior?
You read that right; contempt of court can lead to imprisonment if a person continues to refuse to cooperate and obey the judge. However, the term of imprisonment should not exceed 1 year. During this period, the person imprisoned for contempt must be summoned periodically to testify and answer the judge’s questions.
Lawyers diversify their practice according to their personal interests and professional skills. This is what creates a diverse legal community in the legal world of Quebec. This means lawyers all have their subtle differences and that is why you should ask as many questions as possible to identify the lawyer who can serve you well. By asking the following questions, you are putting the odds in your favor.
What are the areas of practice in which he works?
Lawyers generally have a few preferred areas of practice. Unless you specialize in an extremely specific area of law, your lawyer will have more than one arrow to his bow. Talking to him about it will enlighten you on the type of service you can expect from him.
What is his legal background?
Is your lawyer active in the legal community? Is he doing research for any law institute or is he focusing his efforts on practice? Learning a little more about your lawyer’s legal background can say a lot about their skills.
In what legal environment does he work?
The size and reputation of a law firm can say a lot about the lawyer you hire. As this is a very competitive and prestigious environment, large firms tend to offer their services first to the elites and often at a high price. Hire a lawyer who will charge you a reasonable price depending on the case you present to make sure you pay a fair price.
What convinced him to take your case and what are your chances of winning?
There is no reason to compel lawyers to accept cases unless they want to. Indeed, they have a certain discretion over the cases they undertake, as long as their choice is not based on discriminatory grounds. As a result, by asking him why he saw fit to assist you, you will build a relationship built on trust.
Why give yourself unnecessary headaches by hiring inexperienced lawyers when Granby is full of competent lawyers who can take your case?
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