Caroline Simard, Lawyer

Your neighbour built a house and raised his land, or he deviated the bed of a creek crossing his property and yours, result: his ground water flows and floods your property. Do you have a recourse?

The recognition of dept letter is a writing evidencing the debt and the repayment terms. This is a practical and a current tool that can protect your right to collect the debt.

Each of us must someday contact an insurance company to buy an insurance policy, either for a car, a home, a liability, a life insurance or otherwise.

When starting a business in Quebec one should consider the various legal aspects related to each type of business structure...

The law plans various obligations and duties to help maintain a harmonious relationship between neighbours. Although the law imposes you a certain degree of tolerance on your part, it is possible that the inconveniences due to the habits of your neighbour exceed a level of acceptable tolerance and disturb you.

Did you know that if somebody injures himself by having a fall in the ice-cold and snowy staircases of your house, you could be responsible and have to compensate the injured person? This is called the extra-contractual responsibility.

The owner of an animal remains responsible for its actions at any time, even in his absence...

You acquired a portion of the property of Mr X in 1980, where you have built a cottage. To gain access to your property, you must borrow the driveway of Mr X. This "right of way" has never been recorded in writing and published at the Public Registry Office.

The vaccine against influenza cannot guarantee 100% that you won't have influenza during the winter season. However, your chances are greatly improved by being vaccinated. It's all about prevention.

This principle also applies in law.

Indeed, it is possible to have an insurance policy to pay for your legal fees in case of an unexpected litigation.

You own a convenience store and because of your excellent location, many years ago you started a business selling used cars. You just received a violation notice from the Municipality to the effect that you're not allowed to park and sell used cars.

Those who participated in the construction or renovation of a building have a legal lien on that property.

People involved: architect, engineer, material supplier, laborer, contractor and subcontractor.

The buds never come alone, you have blooming ideas for new projects: landscaping, patio construction, fencing, new shed, paving the entrance, cut some trees ...

All these beautiful projects may require advance planning other than a budget: such as get a permit from your municipality.

The demand letter is a key element when a person neglects or refuses to fulfill its obligations toward you. A few examples: someone fails to pay a sum of money or fails to execute the work it has undertaken to do or does something that violates your rights ...

The municipality has caused you material damages? You have the right to claim compensation.

But careful, even if it is for damage due to sewer backup, the snow plow destroying your fence, a flood created by a broken water main, the negligence of an city employee who has cut your trees... special rules apply in order to obtain compensation.

You have just purchased a new home when one morning you find out a part of your basement is flooded. You open a wall to determine where the water comes from and surprise, the wall is completely moldy. What now?

When a buyer becomes aware of a hidden defect, the law presents two obligations:...

Municipalities are omnipresent in your life. You live on their territory, using their water system, sewers, roads, parks, their arenas, they manage what you can build on your land, what you can display, they allow where you can establish your business and even the number of animals you can own or the use of your clothesline.

Whether you want more privacy, create a pen for your dog or bound your property to avoid chats with your too talkative neighbour, as a building owner it can be desirable to fence your property.

The Civil Code of Québec legalizes the wish of many owners and section 1002 provides in paragraph 1: " Any owner of land may fence it, at his own expense, with walls, ditches, hedges or any other kind of fence."

It is important to remember that a verbal contract is valid and binds the parties who have contracted it in the same way a written contract would.

However, a verbal contract is difficult to prove in court because of the lack of documentation. At a trial about a verbal contract, the evidence is generally based on testimonials and often limited to the word of one party against the other. The credibility of the contracting parties is sorely tested.

In the coming weeks and months, this new website will allow me to share my experience as a lawyer specialized in civil law and commercial law and let me publish relevant articles on various legal issues. I hope these articles will help many to avoid unpleasant situations or conflicts.