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What happens when you allow a problem to escalate to the point where it takes on unreasonable proportions? Sooner or later, you pay the price for this neglect. This principle could not find a more relevant application than in the legal field. Indeed, what is at first glance a simple problem to solve can quickly turn into an endless argument imbued with bad faith.
This will not serve the best interests of the parties involved, to be sure! However, it is unnecessary to come to such a catastrophic scenario; just ask for help without delay. You can get help from a competent lawyer who has relevant experience in cases like yours. To do business with the best lawyers in Terrebonne, trust Compare Lawyers to find the right legal professional for you and follow the tips below.
Quebec law differs from the legal traditions of its neighboring countries and the English-speaking provinces. Indeed, Quebec has a tradition of civil law for private relations between citizens, while the latter have a tradition of Common Law. For this reason, the training to become a lawyer in Quebec is unique and trains experts with incomparable skills. Here is what lawyers in Quebec need to undertake to be qualified to practice in “La Belle Province”!
University education: Five of the universities in Quebec, in addition to the one in Ottawa, offer baccalaureate training in civil law. This training lasts 3 years and requires the accumulation of more than ninety university credits. It is on these school benches that future jurists learn the basics of Quebec law.
Master’s degree: This step, although optional, is often considered by lawyers in order to perfect their knowledge in related fields or in specialized fields of law. This offers more career opportunities and allows them to offer more specialized services to their clients.
Bar School: The BAC in Law alone is not sufficient to be awarded the title of lawyer. University graduates must then go through the Bar School where they will receive courses on legal ethics as well as courses complementary to their university training. The final exam is legendary in difficulty, so you can be sure that a newly sworn-in lawyer is competent.
Bar internships: Before the final stage of swearing in, a lawyer must go through the mandatory bar internship with a law firm. Under the supervision of a training supervisor, future members of the bar will gain solid experience in legal practice before going off on their own. Once this internship is completed, these interns will be sworn in as members of the Bar.
Continuing education: Law is constantly evolving and with it, the practice of law. It is, therefore, normal that lawyers undertake continuing education to allow them to keep their knowledge of the law up to date.
After completing their mandatory training, lawyers generally concentrate their practice on more specific areas of the law, unless they opt for a more general practice of law. In the latter scenario, lawyers will do a little bit of everything, without really specializing, so they will rarely take on complex cases in specific areas. For a case requiring special expertise, it is better to hire a lawyer specializing in one of the following areas!
Rights and Freedoms: The Canadian Charter of Rights and Freedoms and the Quebec Charter of Human Rights and Freedoms are two documents that aim to protect the fundamental rights of the population vis-à-vis government actions and the acts of citizens towards each other. More than mere laws, these charters have constitutional and quasi-constitutional status respectively, making them tools that must be interpreted differently from ordinary law. This is why a lawyer specializing in the defense of human rights is a great asset.
Civil liability: fault, damage and causal link; these are the elements to prove in a civil liability suit. While it is only necessary to demonstrate these three elements, it is not so easy to provide such proof and obtain adequate compensation. Liability is a nuanced area that overlaps with many compensation and insurance regimes.
Banking law: An often neglected area of law, banking law encompasses the relationship between institutions; their customers are public entities. From fraud to laws governing bank civil liability, lawyers working in this area assist a diverse clientele.
Consumer rights: As long as you buy a product without having the possibility of negotiating the price, you are entering into a contract of adhesion which can very quickly become one of consumption. Due to the balance of power of one party over the other (often the merchant versus his clients), the law provides protections for clients, which lawyers easily assert.
Immigration Law: The doors to immigration in Canada and particularly in Quebec have never been so wide open. While these new arrivals bring several economic opportunities, they also entail a large number of legal procedures. Indeed, immigration applications can be made by lawyers, as can citizenship denials or threats of deportation.
Contract law: A contract can be formed by the simple exchange of verbal consent. However, the law provides for several types of contracts with their specific provisions and their unique function. You could be committing to obligations without even knowing it. This is why consulting a lawyer is essential before entering into a significant contractual relationship.
Renting: This area of the law is always in high demand considering that it involves all the problems of rental leases, complaints to the housing authority, as well as the various rental contracts. Leasing lawyers will assert your rights against an abusive landlord.
Unless you are very quick on the trigger, the harm you have suffered from the actions of a third party is probably not recent. The time to let the dust settle and find the right lawyer has surely passed. However, it is crucial to be wary of the time because after a certain period of time has passed, it will become impossible to sue someone.
Prescription for bodily injury. The law provides that in order to pursue and obtain compensation for bodily injury suffered, the action must be brought within 3 years of the manifestation of the injury or the consequences of the fault. This period does not begin on the day the fault is committed against you but the day when you noticed that you have suffered injury from this action.
Acquisitive real estate prescription. It is possible to acquire goods by the principle of acquisitive prescription or to have the ownership of a goods stolen by the same principle. Indeed, the possession of real estate such as land in a public, peaceful, continuous, and unequivocal manner for 10 years will make the owner the true owner of it. So, if your property is occupied by a third party, you must dispossess him before the expiration of the 10-year period. Otherwise a judgment may recognize his ownership.
Movable acquisitive prescription. The same principles of ownership and possession apply to movable property, that is, those that can be moved. The difference between movable and immovable property lies in the limitation period which amounts to 3 years for the former. No judgment is, however, necessary to formalize the status of ownership of movable property.
Recourse against a municipality. Various reasons can push you to sue your municipality such as a fall on an icy sidewalk, negligence, unreasonable refusal of a permit, etc. Regardless of the merits of these remedies, the time limit for suing a municipality is 6 months from the time the damage is observed. However, when you sue a municipality for bodily injury, it is the 3-year period that applies, not the 6-month period.
When a civil lawsuit is initiated and each of the parties has shown their willingness to go to the hearing to prove their point, it is always possible to conclude a sort of truce in order to try to come to an agreement. . This is to avoid a judgment unfavorable to all. This temporary hiatus is called the Settlement Conference.
How to proceed with this conference? Since this is a dispute resolution, the willingness of the parties must be mutual; both people involved must be willing to attend this conference for it to take place.
How will the conference proceed? During the proceedings (the trial), the parties will indicate to the judge their willingness to suspend hostilities and to participate in an amicable settlement conference. This session is chaired by the same judge in a room other than the court for the sake of informality. The judge will no longer try to settle the dispute but to reconcile the interests of the parties to come to an agreement.
This mechanism is one way to avoid an unsatisfactory conclusion when the parties involved are not optimistic about the outcome of the trial. It is similar to private dispute resolution such as mediation, except being conducted in the field of public justice.
The Small Claims Court is a forum for litigation of up to $ 15,000 in value. Hearings take place before a judge alone and parties are not permitted to be represented by counsel. The plaintiff and the defendant will therefore have to manage and debate to the best of their knowledge. However, there are public information services for citizens to help them prepare to argue their small claims cases. During these sessions, it will be discussed:
Eligible and Ineligible Remedies. Not all remedies are permitted for small claims. You can come and discuss your case for less than $15,000 as long as it is not a cause of defamation, a rental lease, a class action, or even a family law case such as childcare.
Operation of the instance. The proof of a case in small claims can be done by the introduction of relevant documents and also by testimony. Parties will need to arrive with their witnesses, if they wish to call witnesses. To attend Small Claims Court, you must also be summoned and this is when either party can file documents as evidence at the court office as well as a list of witnesses for the clerk to summon them to appear.
Advice on the preparation of your case. During the Small Claims Information Session, on-site counselors will guide you through the most powerful arguments in court and how to present them for optimum results. They will also advise you on the right documents to bring.
Arguments between tenants and their landlord are not fun especially for those involved. When it comes to someone’s home, the law provides strong protection against abuse. This is why recourse to the Régie du logement (RDL) is taken seriously and often seeks to protect the interests of the tenant before those of the owner. As these lawsuits are frequent, to say the least, here is what you need to know about the rights and obligations of landlords and tenants.
Rights and obligations of tenants. The principal right of the tenant is the peaceful enjoyment of his housing. This means not being constantly disturbed by your landlord for accidental visits, unreasonable work, and unreasonable rent increases. The right to a safe and healthy environment is also provided for the tenant.
On the part of the tenant, he is especially required to pay the rent! It is on this basis that almost all appeals against the housing authority are based. Other general duties include maintaining the premises in good condition, making urgent and major repairs, respecting the peaceful enjoyment of other tenants, as well as allowing access to the accommodation when requested by the owner with a reasonable delay.
Rights and obligations of the owner. The landlord’s principle right is to be paid by their tenants. Also, the owner has a right of access to his accommodation when he gives reasonable notice to his tenants when it is necessary to carry out work or to show the premises during a non-renewal of the lease. The landlord is also required to make the repairs necessary for the upkeep of the premises and to ensure that the dwelling can be used according to its purpose.
Special features of recourse to the Régie du logement. When the tenant or the owner does not respect the obligations imposed on him by the law, it will be necessary to resort to the Régie du logement. The resulting hearing seems like a trial but it isn’t. Rather, it is a bailiff or a special clerk who will be responsible for hearing the case and deciding the case.
Consumer law is, in a way, the materialization of “David versus Goliath” in the sense that small consumers are beating themselves up against the power of the multinationals that make the products. They can quickly feel trapped and helpless but the law is far from leaving them unprotected.
Indeed, Quebec is one of the places that best protect consumers around the world. Among the main rights conferred on consumers are:
The Guarantee System: If you have ever bought a product of a certain value from a merchant, you probably know that they offer guarantees for the product you have just purchased. What you may not know is that the law also provides guarantees that apply even if no such guarantee was offered by the merchant.
Accurate Price Display: Called the Price Accuracy Policy, this legislation allows consumers to get the product for free or at a discount when too high a price appears at checkout. Indeed, if you arrive at the cashier and the price is higher than that indicated on the shelf, two scenarios are possible. If the item is worth $10 or less, the merchant must give the item to you for free. For items over $10, the merchant must grant a discount of that same amount.
More flexible contractual policy: In normal times, a validly concluded contract binds the parties, whatever the circumstances, of its development. On the other hand, consumers do enjoy some leeway at this level, especially when it comes to online shopping, itinerant vendors, and training centers.
In fact, with regards to itinerant sellers, the consumer has 10 days following the conclusion of the contract to cancel it. For subscriptions to training centers, whether gymnasiums, yoga studios, etc.,
a person who registers is entitled to cancel his subscription before 1/10 of the subscription has ended. Obviously, the subscriber will have to pay the equivalent of 10% of the value of his subscription.
Lawyers specializing in consumer law are at your disposal and are just a few clicks away to assert your rights against merchants! You are entitled to quality products that reflect the promises made to you so the time to act is now!
The legal guarantee of quality is the first guarantee offered to any consumer, regardless of the product purchased, and it protects him against hidden defects that would compromise the proper functioning of the product.
The seller is required to guarantee to the buyer that the product and its accessories are,
during the sale, free from latent defects which make it unfit for the use for which
it is intended or which reduce its usefulness to such an extent that the buyer
would not have bought it, or would not have given so high a price,
if he had known them.
Civil Code of Quebec, article 1726 al. 1
Guarantee of reasonable duration: Any product, whatever its nature, must operate for a period qualified as reasonable. It is impossible to give an exact duration because the reasonableness of a product’s lifetime varies depending on the type of product. For example, it is normal for a toaster to last in a shorter time than a car; each product has its reasonable time.
Conventional guarantees: This last guarantee is the one that merchants offer to their consumers in addition to existing legal guarantees. It is, therefore, a form of enhanced warranty which may have the effect of extending the legal warranty or extending its protection. Although the merchant is not obliged to offer this guarantee, he has an obligation to honor it when he has offered it to you.
What are the specific vehicle guarantees? As motor vehicles are products of a particular and specific nature, a special guarantee plan has been put in place to protect motorists during vehicle repairs.
In doing so, any repair carried out on an automobile is automatically guaranteed for a period of 3 months or 5,000 kilometers, whichever occurs first.
Have you noticed a problem with a recently purchased product but do not know how to assert your rights with the merchant? Many people are in the same situation and many consumers simply choose to do nothing for fear of wasting their time. However, there are administrative and legal means that help you assert your rights against merchants, such as:
Contacting the Company Directly: Before taking legal action, simply contacting the merchant’s customer service department can be a step in the right direction. It is a misconception that companies consistently refuse to help consumers with problems with their products, most of whom are willing to lend a hand.
Small Claims Court: In the event that your dealings with the company have not been productive, it will become relevant to apply to the Small Claims Court for compensation provided that it is of a value of $15,000 or less. Although lawyers are not permitted in such proceedings, it is always permissible to seek their advice before you attend.
The Consumer Protection Office: This government agency’s mission is to educate consumers about their rights and direct them to the right resources to assert them. It is also possible to lodge a complaint with the Office directly so that it can sanction the merchant.
Class Action: Some manufacturing defects are so significant that several consumers come together to bring an action against the merchant. This is called a “class action” or, in popular jargon, class action lawsuit. Most of the time, the lawyers in charge of the recourse will contact those eligible for the recourse in order to offer them to join.
You are not short of options to assert your rights against merchants refusing to honor their guarantee of quality and use! Compare Lawyers can help you by referring you to a consumer law lawyer in Terrebonne.
Showing an interest in the law in general and not just your own case will demonstrate your seriousness and your willingness to be in full possession of your case. This interest will be manifested mainly by asking questions from your lawyer. Among the most relevant questions, we believe that you can’t go wrong with are the following:
Has he had additional non-compulsory training?
The bachelor’s degree in law and the training of the Bar of Quebec are essential. However, lawyers also decide to pursue additional training, such as mediator certifications, arbitration, or other programs in dispute prevention and resolution.
Will he work alone on your case or be assisted?
Legal cases generally overlap with other sectors such as business, real estate, finance, etc. It is, therefore, normal to expect that your lawyer will receive expert assistance from other quarters. If this is the case, find out about the related expert fees; you could be the one who ends up footing the bill.
How long has he practiced law?
This question relates primarily to the experience your lawyer can boast of. It is undeniable that some cases require solid experience in law to be handled well. If you ever notice your lawyer’s inexperience and you are worried about it, talk to him! He is very likely to be assisted in one way or another by a more experienced lawyer.
Has your lawyer ever pleaded before one of the courts in Quebec?
Not all cases will make it to court. If this is also applicable to you, hiring a lawyer with some experience in advocacy will be a definite advantage. Arguing and pleading before a judge are two very different activities. Make sure you hire an experienced litigator.
What are his first impressions of the merits of your case?
An injustice does not always open the door to compensation. It may be that someone, or life in general, has caused you suffering and there is no way to get compensation. Lawyers generally recognize these type of cases quickly. For this reason, it is best to speak to them about it before taking the matter a step further.
Finding a lawyer who meets your requirements and those of your case is not easy, especially if you are new to the Quebec legal community. A little help doesn’t hurt anyone, and that’s exactly what Compare Lawyers has to offer!
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