The mandate

A mandate, also known as power of attorney, is a contract by which one person (the principal) gives another person (the agent) the power to enter one or more legal transactions with a third party in their name and on their behalf. When you engage the services of a...

How to terminate a servitude?

A servitude is a charge imposed on an immovable (the servient land), in favour of another immovable (the dominant land), belonging to a different owner. (article 1177 of the Civil Code of Québec) In the last article, we presented the concept of servitude and the...

Building a New House – Acceptance of Work and its Consequences

At the end of your home construction project, upon acceptance of the work, be careful not to accept unreservedly the work, or make the final payment, if some defects are apparent. I have a general contractor A client who accepts the works from a contractor without...

Building a New House – Who Can Work on the Building Site?

Building a brand new house is such an exciting project! Earlier this month we covered the planning required, as well as the licenses and permits to obtain before construction can begin. Now, with your plans, licenses and permits in hand, comes the time to (finally!)...

Arbitration: a benefic dispute resolution method

When a dispute arises, a legal process can be long and costly. It can also cause anxiety to some people. It is important to know that there are alternatives to settle a conflict, going to court is not the only option. Great solutions are the dispute prevention and...

Recourse against the municipality : quick, quick, quick

Has the municipality caused you damage? Whether it is for material damage, bodily injury or other, you have the right to claim compensation and take recourse against the municipality. But be careful, special rules apply to obtain compensation. Indeed, it is important...

Winter Slips and Falls: who’s responsible?

With the snow, the ice and the cold weather in winter, the risk of a fall and injury to yourself while moving around or participating in winter activities is increased. While these incidents may be accidental, the municipality may in fact be held liable when an injury...

Do I have any recourse against an intolerable neighbour?

Sometimes, the habits and behaviour of neighbours can lead to conflicts. Therefore the Civil Code of Quebec provides for rights and obligations between neighbours, as well as the municipalities that modify or complete these provisions with by-laws. Although the law...

If I win in court, will my legal fees be reimbursed?

A question we get often asked relates to the reimbursement of legal fees. Indeed, at the end of a trial, can one be reimbursed by the opposing party for the legal fees that one had to pay? First, it is important to distinguish between legal fees and extrajudicial...