Our legal chronicles
Family law
Grandparents’ access rights
Grandpa and Grandma are the grand parents of Julie and Julia, two little twin girls of 8 years old. The relationship between the twins’ parents and Grandpa and Grandma have been difficult for many...
Separated couples: authorization to travel with children
Marie had a child with Jonathan. They separated after a few years, and Marie obtained custody of the child. Jonathan, for his part, obtained access rights every other weekend. However, he stopped...
Obligation to provide support to parents
Danny is 30 years old and is an only child. He is a civil engineer and earns a good salary in a reputed engineering firm. His mother Gina, 48 years old, just learned from her doctor that from now...
Common-law spouses
Maria and John have been in a relationship since 1984. They both work as teachers in a neighbourhood school. They live in a small house that John bought for them. As children of divorcees, they wish...
Biological father may not be the “real” father
Liang has been in a relationship with Karen for more than 10 years. Before becoming a couple, they had cherished a long-lasting friendship since the end of their studies. When Liang finally decided...
Liquidation of an estate
Flora’s grandmother, with whom she was very close, passed away from a generalized cancer. Her grandmother’s will, Flora learns, has appointed her executor of the estate. Flora does not know what the...
Recourse against dilapidation of assets
Joseph and Renée have been married for 15 years. Joseph is a compulsive gambler and alcoholic, and this creates big problems in their marital union. For years, he has been promising his wife that he...
Cancellation of alimony
Lise has just received a call from her ex-husband, Claude, from whom she has been separated for 10 years. Claude informed her that he would no longer be paying child support for their son Nicolas,...
When can a marriage be annulled?
While traveling abroad, Florence meets Anis. It was love at first sight, and the two lovers dated long-distance for several years. In 2015, the couple decided to get married, and Anis was determined...
Wedding planning: how much should you budget?
1) Pay attention to contracts! It's important to take the time to read the contracts you sign with your florist, reception hall, caterer, DJ, etc., carefully. They usually contain clauses about...
Mediation
Inside the head of a family mediator – session 3
Alex hasn't taken a few seconds to sit down when he says to me: "I can't do text messages anymore. Mariève sends me messages constantly." As she asks more questions, Mariève admits to asking Alex about Julia's situation on a daily basis. For example, she asks him what...
Inside the head of a family mediator – session 2
Mediator: Then, how did the week go? Mariève quickly answers "badly" and goes on to explain that Alex didn't return Julia's call until 10 p.m. on Sunday evening. Alex explains: "We were at the restaurant and I didn't notice the time. Julia was so happy. If you'd...
Inside the head of a family mediator – session 1
Mediator: Mediation is a time-space within which the couple must exchange, one with the other directly. Alex asks Mariève directly if he can see their daughter Julia soon, to which she replies "not now". After a few questions, I understand that the couple have a...
Inside the head of a family mediator – session 4
Mediator: How are you two doing? Both answer me in unison: "Yes, we're getting used to it! Mediator: According to my notes, there are still a few subjects to discuss, including alimony. Shall we start with that or would you prefer another topic? Mariève immediately...
Couples between therapy, mediation and separation
When you're in a relationship, it's normal to argue from time to time. However, when the conflicts escalate and intensify, when the climate of life together has become too monotonous or stormy, a question eventually arises in your head: to stay or to go? The decision...
Notary
Liquidation of an estate
Flora’s grandmother, with whom she was very close, passed away from a generalized cancer. Her grandmother’s will, Flora learns, has appointed her executor of the estate. Flora does not know what the role of an executor or liquidator entails and wonders about the...
Life insurance and succession
Thomas’s mother passed away last spring. According to her last will, she left all her possessions to her son, Thomas, and appointed him as liquidator. His mother also held a $100,000.00 life insurance for which she designated her son as sole beneficiary. When...
When to draw up a will or a mandate of protection
Normand, a septuagenarian in his prime, is putting off the task of drawing up his will and mandate of protection. He knows very well that these documents are essential and useful, but he tells himself that he's still young and that he'll still have time to do them...
Holograph wills
By definition, a holograph will is a handwritten will (without a computer).This type of will can be drawn up anywhere, at any time, on any type of paper medium, provided of course that it bears your signature.It is not necessary to sign this type of will in the...
The role of the notary in the purchase of a property
Congratulations, your offer to purchase has been accepted!One step closer to the property of your dreams.To complete your purchase, you'll need to find a notary who can guide you through the process and handle a number of administrative tasks on your behalf. First,...
The wedding
One knee on the ground, her hand outstretched and the big question uttered from the tip of her lips, breathless ... then the answer. She finally lets out a "Yes", without really understanding what has just happened. Once the announcement has been made to family...
Will
Juliette and Antoine have been married for five years now. They have two young children, aged 2 and 4 respectively. They are co-owners of a lovely house that Antoine, a building contractor, built himself. For her part, Juliette stays at home to devote herself to...
Importance of the incapacity mandate
Cornelia, Rafael's favorite great aunt, is 75 years old. Widowed 20 years ago, her godson takes care of her. Independent, she lives alone in an apartment and is a member of several seniors' clubs. Her friends even call her the "Queen of Cards". Rafael also visits her...
Wills and common-law partners
Valérie has been living happily with Sébastien for 20 years. The couple has no children of their own. Over the years, they have accumulated a beautiful home, a lake cottage and a motorboat, both purchased in Sébastien's name. They never felt the need to marry, as they...
De facto spouses and notarial deeds
As de facto spouses enjoy no protection under the Civil Code of Québec in the event of separation and/or death, the law applicable to them is that of common law and/or that of their agreement(s). This principle is well established in jurisprudence, and in particular...
Children’s rights
Moving and childcare
Lina and Felipe separated ten years ago. At the time of their separation, a judge awarded custody of the children to Lina. However, Felipe was always present in the children's lives. In fact, Felipe was granted access rights from Friday to Monday, every two weeks. Now...
Rights and obligations of children born of assisted reproduction
Olivier and Arthur have been a couple for almost 10 years. With their careers well underway, they are finally ready to start a family together. Lana, a close friend of the couple's, has always told them that she would be delighted to carry their long-awaited child, as...
Working hours and childcare
David and Véronique lived together for five years and had a little girl named Fanny. The couple had fallen out and decided to separate. However, they disagree over custody of Fanny. Each wanted sole custody. David and Véronique take their case to court to have a judge...
Civil law
Buying a used vehicle
Moussa has just obtained his driver's license at the age of 20. He has also just graduated from college after three years of hard work. Proud of their son, Moussa's parents recently made good on their promise to give him a cheque for $5,000.00 so that he could buy his...
Vosinage disorder
Adrian owns a large residence which he has lived in with his wife and children for 15 years. Knowing the importance of good neighborliness, Adrian regularly entertains his neighbors at his home. Recently, David moved into the residence next door. When he moved in,...
Special assessment proposed by a condominium board of directors
Jihane has every reason to be proud: last July, she became a homeowner. After several years, she finally bought the condominium of her dreams. It's a large three-and-a-half-bedroom with a balcony overlooking the city skyline. Although it's far from new, Jihan, who's...
Suing your condominium corporation
Thrilled by the purchase of their new condo in Laval, Patrick and Monica moved in in April. The couple settled in and spent the summer decorating their new nest on the top floor of the building. One autumn afternoon, heavy rain falls and Monica notices traces of water...
Legal warranty against hidden defects
After a long search, Myriam finally found the home of her dreams. A single-family home, with garage and in-ground pool. Once the inspection was complete, she signed the deed of sale and moved in with her two daughters. A year later, all hell broke loose. While having...
New eligibility limit for small claims
Mr. Kostas and his wife had just made an offer to purchase the Dalton family's home. In the document entitled "Declaration by the seller of the building", the Dalton family ticked "no" to the question "Have you had any knowledge of spills or seepage of liquids in the...