Hiring a lawyer is about admitting the seriousness of your legal situation. It is also about preparing yourself to solve a problem before it escalates. A simple argument between neighbors can quickly escalate into a never-ending legal battle if the arguments shift from a dispute of rights to a serious personal conflict. To prevent this from happening, retain the services of a dispute resolution professional – a lawyer!
Indeed, lawyers are highly qualified professionals in dispute resolution and litigation. Whether you just need some advice or full legal representation, you can’t go wrong with hiring a lawyer. See what such an expert has to offer in the Mirabel region!
What role does the lawyer play in resolving disputes in Mirabel?
Lawyers are professionals wearing many hats and accepting the burden of various responsibilities. Legal expertise is varied and the role of a lawyer also adapts to the needs of his clients and the cases assigned to him. Not all clients seek to go to the Supreme Court so you have to be flexible in this area. It is by playing these various roles that the lawyers of Mirabel know how to make themselves useful!
Consultant: Several cases require legal attention without full representation. Many people are just looking for general legal directions on how to keep their case from dragging on. Such a client is certainly not ready to pay for hundreds of hours of legal fees! Knowing this, lawyers are ready to offer simple consultation sessions or even give legal opinions in writing.
Representative: When a lawyer accepts your case, he becomes your legal representative who is responsible for asserting your rights and interests vis-à-vis the other party. So he becomes your proxy, in a way. Whether your case goes to court or not, you will pay for a lawyer to act as your spokesperson both in court and throughout the duration of your case.
Negotiator: As going to court is not always an advantage, many lawyers try to do everything they can to settle the case out of court. This inevitably involves exhaustive, complex, and sometimes heated negotiations. It takes real negotiation skills as well as legal expertise to convince someone to change their minds.
Litigator: What sets lawyers apart from other professionals is the sometimes theatrical aspect of their role. Indeed, a lawyer who pleads in court must not only respect the very formal decorum required, but also debate in order to convince the judge that the law favors it at the expense of the adversary. It takes more than speaking skills to accomplish such a feat; you need a litigator!
As we have mentioned, a lawyer is a versatile professional. He knows how to adapt to the needs of his clients in order to be useful in all circumstances, whatever case is brought to his attention.
Why consider family mediation?
What sets family law apart from other areas of lawyer’s practice? The degree of emotion involved in each conflict makes the difference. When the parties are on edge and bad faith is perceived, the true nature of the conflict is lost and this makes peaceful resolution extremely difficult.
Aware of this problem, the government provides citizens with family mediation services aimed at facilitating the resolution of disputes and, thus, preventing disputes. What remedies can you use this type of mediation for?
Settle a separation or divorce. Particularly relevant in the context of a divorce involving children, family mediation services are made available, free of charge, to couples with a dependent child or adult. This service includes an information session of at least 2.5 hours on post-divorce parenting as well as 5 hours of mediation to settle the terms of the separation. The objective is to close the case as smoothly as possible while avoiding personal conflicts from hampering the proceedings.
Adoption cases. The main purpose of family mediation in an adoption case is to establish an agreement so that the adopted child can maintain links with his biological family. The adoptive and biological parents will, therefore, benefit from mediation services to facilitate the establishment of such an agreement. This is a rather delicate initiative, and that is why public mediation services lasting 5 hours are provided, free of charge.
What are the advantages of having a family mediation session? The main advantage of mediation is its effectiveness in preventing conflict. By taking a very personal and emotional case and putting it in a formal framework, the chances of reaching a fair agreement increase. What is more, the best interests of the child are always at the forefront of any agreement during the mediation process. This is the key to a viable family law agreement!
On what grounds can you terminate your lease?
Home ownership is not everyone’s dream and in today’s environment, it is not necessarily a bad thing! However, this implies that a great many people are bound by residential leases binding them to the lessor of the building in which they reside.
While a large proportion of tenants in the province have no problem with their landlord and vice versa, others struggle with less harmonious rental situations. For such individuals, it is important to remember the grounds for terminating a lease under Quebec law!
Termination by the landlord: When it is the tenant who is the problem and not the lease, it is possible to terminate the rental agreement for serious reasons. As the law seeks to protect the rights of the tenant to the peaceful enjoyment of his dwelling, here are the reasons which can justify the termination:
- The tenant disturbs the peaceful enjoyment of the other occupants of the building.
- The tenant causes an abnormal deterioration of the accommodation.
- Rent payment is over 3 weeks late.
- Rent payment is frequently late.
Unlike the tenant, the landlord must always go through the Régie du logement to terminate the rental lease. You will see below that in certain circumstances, the tenant can terminate the lease without recourse!
Termination by the tenant without recourse to the Régie du logement: The general rule is that both the landlord and the tenant must file an appeal with the Régie du logement to terminate a rental lease. However, in the following situations, the lease may be terminated without such a formality;
- The tenant has obtained low-rental housing.
- The tenant no longer has the capacity to maintain the accommodation due to a disabled person
- The tenant is admitted to a CHSLD on a permanent basis.
- A case of domestic violence or sexual violence threatens the safety of a spouse or child living in the home.
- A student is renting the accommodation.
- Death of the tenant.
Termination by the tenant with recourse to the Régie du logement: Recourse to the Régie du logement aims to prove the fault or wrongs attributed to the landlord. The following situations require that an appeal be initiated:
- The landlord impedes the peaceful enjoyment of the premises.
- The landlord does not keep the premises in a habitable state.
- The landlord does not make the necessary repairs.
- The landlord leaves the premises in an unhealthy and uninhabitable state.
- The landlord has changed the nature of the building (ex: Conversion of a rental property into a condominium).
The prohibited grounds for terminating a lease: The law has its limits! This means that certain grounds for terminating a lease will simply not hold water before the Régie du logement and will be automatically rejected!
- Financial problems
- Relocation due to employment
- Financial issues/ insolvency
- Divorce / separation
- Buying a property
Real estate and rental law remedies are always complex because the law sets up protection for both tenants and owners. In this type of conflict, it is not always easy to tell who is right! This is why it is imperative to hire a lawyer specializing in this particular area!
What is the division of family patrimony? Should you hire a lawyer?
Marriage is really for better or for worse to the point where it includes property acquired during marriage! The pooling of assets is what the law qualifies as family patrimony. Only four categories of property will be included in this heritage, namely family homes, retirement plans, family vehicles, and household furniture.
Why is it important to know the composition of the family patrimony? All of these assets will be shared equally in the event of a divorce. If you are in such a situation, you would do well to learn more about the subject!
When does the division of the family patrimony take place? The properties are divided when the union is dissolved which can only occur on two occasions- either upon divorce or upon the death of one of the spouses. At one of these occasions, a lawyer will calculate the family patrimony to assess the amount to be divided and attributable to each of the spouses. Note, however, that heritage confers a right to half of the total value and not a right of ownership over the property.
What is the difference with a matrimonial regime? Matrimonial regimes aim to provide a framework for the management and distribution of property that does not fall within the definition of family patrimony.
How can a Family Lawyer Help? Lawyers can assist you with both the choice and the separation of matrimonial regimes. As matrimonial law is a specialty within the law, it is best to hire a lawyer who is knowledgeable in the field!
A power of attorney written by a lawyer: A more efficient tool!
A Power of Attorney is a very useful legal tool in Quebec. It allows you to manage another person’s property and money and to perform administrative actions on his behalf when they are unable to do so. While a Power of Attorney is practical, it is also risky when the mandate conferred is vague or the expectations of the attorney and the principal diverge. In addition, with the emergence of the mandate given in anticipation of incapacity, there is some confusion between this document and the power of attorney. We will try to enlighten you on this matter!
Does a power of attorney have to be in writing to be valid in Quebec? There is nothing in the law that requires a power of attorney to be in writing. However, this will be necessary to exercise the powers provided for in the mandate with different institutions. For example, banks and other institutions require a written power of attorney to withdraw money belonging to the principal (whoever writes the mandate).
What type of administration is covered by the power of attorney? Such a document covers only the administration of a person’s property. Thus, the principal can prepare a power of attorney allowing the representative to conclude transactions, withdraw money, sell his house, etc.
What is the difference between Special or General Power of Attorney? There are considerable differences between the general power of attorney and the so-called special one in terms of the scope of powers conferred on the attorney. In the case of a special power of attorney, you grant the attorney the right to carry out, on your behalf, a specific action detailed in the power of attorney. This action can be that of alienating a property, of selling it, or of repairing it. Your representative, therefore, only has powers that are explicitly detailed.
In contrast, a general Power of Attorney is one that is written in general terms, thus entrusting your attorney with the simple administration of all your property and affairs. We, therefore, understand that it can be dangerous to prepare a power of attorney that is too general, especially if a lawyer has not advised you beforehand.
However, the simple administration conferred by a general power of attorney does not allow the representative to part with your property or to alienate it. The latter can only maintain the property and exercise powers which flow naturally from the duty entrusted to him.
How is the mandate conferred by the power of attorney accepted? The attorney may first expressly accept the mandate entrusted to him, whether verbally or in writing. However, tacit acceptance of the mandate is also possible when the proxy begins to perform the duties provided for in the proxy without having expressly accepted. He will be bound by the same obligations as if he had expressly accepted.
Under what circumstances can you write a power of attorney? You must be able to write a power of attorney! This document can be useful when you are away on a trip, when you have a physical incapacity which limits your ability to perform certain actions, as long as your intellectual capacity is not affected.
What is the difference between a power of attorney and an incapacity mandate! While the power of attorney only covers the administration of a person’s property and assets, the incapacity mandate is as much about managing a person’s property as it is about making decisions about the care he receives, housing arrangements, and end-of-life treatment. As this document grants much broader and more important powers than a Power of Attorney, it is not surprising that the law provides for more demanding formalities to establish it.
In either case, a proxy only allows the attorney to act within the limits of the powers granted by the proxy until its expiration. When a representative oversteps the limits of the mandate, he is liable to prosecution and incurs civil liability.
Powers and Duties of the principal and agent with a Power of Attorney
While it is primarily the principles of the general or special power of attorney that dictate the conduct of the attorney, such contracts also include tacit duties that flow from the nature of the contract. However, this is a two-way street, with the representative having obligations to the principal and vice versa. Recourse can also be brought when these obligations are violated. Here are the main duties to which they are bound.
Concerning the representative: Being the one who receives the task of representing the principal in the performance of a specific or general duty, the representative is subject to accountability towards the principal, including:
Personal performance: The mandate is one that the law considers to be intuitus personae, that is to say, entrusted to a person with the view that it is he who would personally accomplish the task. Thus, the principal is entitled to expect that it is the representative himself who will perform the assigned duty, meaning that the latter cannot delegate the mandate to a third party, unless otherwise provided in the contract.
Assistance: Although he cannot delegate his mandate to a third party, the principal can still obtain the assistance he deems necessary to perform his duty. It can take many forms, including expert advice.
Caution and diligence: The duty of care and diligence is often exemplified as the behavior that a reasonable person would adopt in the same circumstances as a representative. When he fails to meet these obligations, he or she is exposed to reprisals from the principal.
Information: The agent must also inform the principal of the completion and progress of the completion of the mandate. This ensures that his actions conform to the mandate he was given.
Concerning the principal: Being the one who entrusts the task to the representative, he has duties towards the latter but also towards third parties with whom the agent contracts on behalf of the principal. He is, therefore, bound by the following obligations:
Collaboration: This duty is difficult to define on a theoretical level, but on a practical level, the principal simply has to help the agent to accomplish his task, whether by giving him the necessary information or advances.
Remuneration: Not all mandates are given in exchange for remuneration; several are carried out free of charge. However, when this is not the case, the principal is obliged to pay the agreed remuneration.
Reimbursement of expenses: There are costs associated with completing certain procedures, whether administrative, legal, or other. Once again, it is the principal’s duty to ensure that expenses incurred in connection with the execution of the mandate are reimbursed, as long as they have been incurred for the fulfillment of the mandate.
Do you believe that your agent or principal has not met his obligations?
A lawyer will be happy to analyze the situation with you! All you need to do is contact Compare Lawyers to meet with a lawyer in Mirabel!
Who is responsible for the acts of a representative who exceeds the powers of his mandate?
The general principle of civil law is that the principal is responsible for the acts of his representative, as long as he remains within the limits of the performance of his mandate. While this principle is simple, it is not always clear whether the actions of the representative are really within the limits of what the power of attorney dictates. Here are the situations you are likely to encounter!
The case of a former representative: If a person has never been your representative, of course you will not be held responsible for that person’s actions. That being said, these comments must be qualified if the person in question is your former agent. In such circumstances, you will be held liable on two conditions.
If you have not terminated the mandate by notifying the persons concerned or if you led him to believe that he is still acting on your behalf, you may be held liable for the acts taken by the agent to third parties.
An agent who exceeds his mandate: When the representative exceeds his mandate or performs illegal acts, the responsibility of the principal is not applicable and it is the agent who becomes culpable for the acts committed.
Apparent mandate and third party in bad faith: In civil law, there is a protection conferred on third parties in good faith allowing them to retain the responsibility of the principal when they had legitimate reasons to believe that the person with whom they have contracted is acting on behalf of the principal.
However, this protection does not extend to third parties acting in bad faith, that is, those who should have known or who could not have been unaware that the person was not the real agent.
Can a mandate be presumed? For a married couple, a mandate qualifies as “automatic” and allows one or the other of the spouses to perform acts necessary for the needs of the household while engaging the responsibility of the other. . The clearest case of such a situation is that of the husband or wife who has urgent and necessary repair work carried out.
How to terminate a mandate or a power of attorney? If the terms of the power of attorney do not already stipulate when the mandate will end, the principal can simply revoke it or the agent can waive it as long as the abdication is not given at the wrong time.
Choose your lawyer based on his area of specialization
As personal situations are similar from person to another, it is no surprise that legal disputes and litigation are alike. Any lawyer will tell you, some come up so often it almost becomes procedural in law. It also means that many lawyers are ready to take these cases in hand! Here are the most popular areas of practice!
Divorce and Separation: Settling a separation with a divorce lawsuit is a very common legal mechanism. The complexity of such cases is obviously the unreasonable demands of one or the other of the parties to the divorce and the challenges in the calculation of alimony and child support. The services of a lawyer always make the process less difficult.
Criminal harassment: Whatever the cause of the criminal harassment experienced by the victim, lawyers are able to quickly go to court to obtain injunctions and put in place security measures to protect the victim. Do not hesitate to contact a criminal lawyer if you experience such problems!
Damages: Have you been the victim of a fault that caused you considerable damage? You can seek a lawyer to initiate a civil liability lawsuit and attempt to obtain compensation in the form of damages.
Injunctions: Injunctions are orders to do or not to do something issued exclusively by the Superior Court. Obviously, obtaining such a court order requires a good reason as well as solid evidence to support it.
Alimony / Child custody: Whether a former spouse refuses to pay the amount of the allowance set by the judge or disputes the child custody judgment, you must act quickly with a lawyer to prevent your children from paying the price in a legal battle.
Immigration applications: Do you want to immigrate to Quebec? Has your application for permanent residence been rejected? Have your rights been infringed upon on Canadian soil? Whatever your case, if you are not yet a Canadian citizen, you still have rights that an immigration lawyer can assert!
Questions to ask from Mirabel lawyers
Although give control over your case to your lawyer, you remain responsible for important decisions concerning it. So you would agree that you and your lawyer have to be on the same page about how to resolve your dispute, right? By asking a few smart questions, you will be able to determine if you are in the company of the right lawyer!
Is an amicable settlement possible with the other party?
Just because you hire a lawyer doesn’t mean you have to take your case to court. There are countless dispute resolution strategies that can be more effective and, above all, more expeditious than traditional litigation. If you are looking for a quick but satisfying solution, talk to your lawyer about the possibility of an out-of-court settlement!
How much will the legal services cost?
Lawyers’ fees aren’t the extravagance urban legends try to make you believe but it’s still true that you will have to fork out considerable sums to settle a dispute if it drags on. Asking for the cost of legal services is a smart way to protect yourself.
What are the merits of your case?
You may feel that your case is strong and that it is so firmly established in the law that it should go to the Supreme Court. However, your impressions do not always match the legal reality. Whether you are right or wrong, law being the only measure of fairness in society, your case may not have much legal foundation to support it. It is, therefore, the lawyer’s role to inform you about the chances of success if you take your case to court.
Can you help or contribute to the settlement of the case?
The more you are able to provide admissible evidence in court, the better placed your lawyer will be to construct strong points of legal arguments. Asking your lawyer how you can contribute will build a more successful professional relationship.
What cases has he handled in the past?
Different areas of law call for unique and distinct qualifications. This is why lawyers are such specialized professionals. Ask your lawyer about the cases he has undertaken in his professional career as this will be a good indicator of the chances of success of your case!
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