The floods of 2017 and 2019 left their mark on all of Quebec, and these events were very costly for municipalities, the government and also many citizens. This is what sounded the alarm: our system clearly has several shortcomings when it comes to preventing natural...
Municipal Law
Under this section, we share with you some legal issues, advice and quick tips that, we hope, will help you or let you learn more about your rights and obligations.
The articles are general information. In each situation, the application and interpretation of a law, a regulation or a factual situation may differ. It is preferable to consult our team for more information.
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Municipal Law | New Posts
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?
In the last article, we presented the concept of servitude and the different means of establishing one. But when it no longer has any reason to exist, how can we put an end to a servitude?
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...
Am I required to be represented by a lawyer?
In principle, in civil matters, the plaintiff or defendant may represent themselves before the courts in Quebec. However, there are exceptions to this rule and being represented by a lawyer may be mandatory under certain circumstances. Legal persons A company or...
The formal notice: an indispensable tool
The formal notice is often the first step in a dispute. But how useful is it? Why is it so important? This article explains what you need to know about the formal notice. Distinction to be made A formal notice is a written notice sent by the creditor to the debtor,...
Civil Justice in Gatineau during the COVID-19 pandemic
The following is a brief summary of what there is to know in the Civil Justice Department, Gatineau District, during the COVID-19 pandemic: The extinctive prescription and lapse of time periods in civil matters, as well as the civil deadlines are suspended until the...
Hidden defects: Getting information to better protect yourself
Several myths exist regarding hidden defects. Many people mistakenly believe that these are essentially vices that have been hidden in order to get a better price. Others will say that hiring the services of an inspector or expert protects you from any problems....
Property Transfer Tax (welcome tax)
The law provides that real estate transfer fees must be paid whenever a transfer of immovable property occurs, with certain exceptions. This is commonly known as the welcome tax and it is collected by the municipality. Many exceptions exist in the law and...
Receiving legal documents other than by bailiff
Any legal remedy begins with the filing in court of a document called the statement of claim. In principle, this document must then be served by bailiff on the other party, or on each of them if there are more than one. However, you can be properly sued...