Insulting remarks have been launched against you via social media. Compromising photos have been published without your consent. Your reputation is seriously damaged by defamatory statements, affecting every sphere of your life. Once the wrongful and defamatory nature of these actions is established, how, however, can you assess the damages owed to you? How do … How to assess damages for online defamation?
Understanding Article 418 of the Civil Code of Quebec Article 418 of the Civil Code of Quebec (CCQ) is a cornerstone in determining and distributing the patrimonial rights of spouses in cases of divorce or dissolution of civil union. What are the rules regarding deductions applicable to the net value of the family patrimony? To … Deductions under Article 418 C.C.Q.
Although the conditions for a problem to be qualified as a “latent defect” under the Law require, in particular, that the problem be unknown and not apparent to the buyer, the latter may assert a claim for a latent defect if their seller made reassuring statements regarding the problem in question. Case law indicates that … An apparent and/or known defect to the buyer can be considered a latent defect
Did you think that the process for suing a municipality (a designation including municipalities, cities, towns, etc., for the purposes of this article) was in every way similar to that for an individual, a business, or even the Government of Quebec? Think again; municipalities enjoy significant advantages over them. The Notice Firstly, it is important … Formalities and Critical Deadlines for Lawsuits Against a Municipality
Introduction Can one obtain reimbursement for legal fees in the event of a lawsuit? This is a question that generates significant interest among litigants, especially in the current economic climate. However, the answer is not so simple and requires some nuance. This article will attempt to demystify the various avenues available to litigants to obtain … Can we obtain reimbursement for our legal fees? (Part 1)
In her article dated June 14, 2024, Me Karine Bouchard outlined the three possible avenues through which a party in a civil dispute may seek reimbursement for attorney fees incurred to pursue the action to its conclusion or, as the case may be, to ensure their defense. Beyond cases of abuse of process or significant … Can Attorney Fees Be Reimbursed (Part 2)
Child support, often sought prospectively, may also be made retroactive under certain conditions. The Quebec legislator has indeed provided as follows in section 595, paragraph 1, of the Civil Code of Québec. Support may be claimed for a child for needs existing before the application; however, it cannot be required for more than three years, … Retroactivity of child support: what you need to know
The law provides that any natural person may inherit in order to acquire the inheritance bequeathed to them by the deceased. However, an heir may be declared unworthy to inherit under certain circumstances. Essentially, unworthiness to inherit is a sanction that allows an heir to be excluded from a succession and thus prevented from obtaining … Unworthiness to Inherit
Access to justice is a well-known and widely recognized principle. However, it may have certain limitations in very specific cases. Let us examine one of them. Querulousness. This is one of the many challenges that actors in the Quebec judicial system may face. It is defined as follows: “Behavior of a litigant who abuses the … Querulousness: A Judicial Scourge
The term “mise en demeure” originates from a Latin proverb meaning “delay.” Indeed, a demand letter addresses a debtor’s failure to fulfill their obligation by its deadline. Essentially, a demand letter is a warning issued to the debtor, requesting them to fulfill the obligation within a specified timeframe. If the debtor fails to meet the … What is a demand letter?
