Complex and changing rules
The rules in your municipality are changing and can be complex. The application of municipal bylaws and directives in force that apply to properties, businesses and any building is sometimes accompanied by restrictive measures. We will help you to assert your rights vis-à-vis municipalities, which benefit from extensive powers in the governing law.
The various laws governing municipal law, such as the Cities and Towns Act, the Act respecting land use planning and development, or the Act respecting municipal taxation, give extensive powers to municipalities in the management, the urban planning and the administration of their territories.
We will help you assert your rights vis-à-vis municipalities, such as retaining the liability of a municipality and its representatives in the event of material damage to your property - or your person - in case of refusal of construction or occupancy permits, contestation of your property assessment and negotiate or challenge in court the compensation that you could receive as a result of an expropriation procedure of your building.
Judilex - Your rights, our expertise.
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Clarify the scope of applicable municipal bylaws and directives.
Assist you in any minor exemption or zoning change request.
Advise you on urban planning (PPU, CCU) and challenge a decision of the municipal council in this matter.
Revise and challenge the role of taxation and real estate valuation.
Engage the civil liability of a municipality.
Act to contest any regulation and judicially request its nullity.
Represent you in the event of negotiation or recourse related to an expropriation.
Every building owner knows it well: municipal bylaws can be modified, canceled, replaced by others, without necessarily informing you each time. Faced with this reality, it is always useful to remember that your building can however benefit from acquired rights.
Unpleasant surprises can arise after the purchase of a property. Hidden defects are quite common and require the buyer to make a good decision, without delay. Reminder of what to do then.
In 2021, the Administrative Housing Tribunal rejected the request to evict a tenant from a housing cooperative, under a clause of departure from the dwelling. A look back at this decision, which questions the validity and application of the departure clauses in some situations.
On July 21, 2021, a draft regulation amending the Regulation respecting mandatory lease forms and the particulars of a notice to a new lessee was published in the Gazette officielle du Québec. Several modifications to the mandatory leases of the different types of housing are indicated there.
The condominium associations (syndicates) are required to comply with several obligations in the insurance of their buildings: here is a reminder of these main obligations, in force since April 15, 2021.
In a unanimous judgment, the Quebec Court of Appeal said that the silences of the declaration of co-ownership cannot be interpreted by the courts without taking into account the presumptions imposed by law, and without evidence to the contrary that could rebut these presumptions.
In 2018, the rules governing the insurance of your condominium were widely revised following the adoption of Bill 141. This revision was based on the work of committees dedicated to insurance reform into condominiums in Quebec since 2011 …
When an employer has to terminate an employee's permanent contract, the factual circumstances will be decisive in order to manage this dismissal appropriately. They are also used to assess the reasonable notice that may be due to this employee.
On December 5, 2019, Bill 16 was passed by the National Assembly. From January 10, 2020, a series of new important obligations will have to be respected by the co-ownership syndicate in the management of its building.
Adopted on November 5, 2019, Bill 36 amends the Companies Act applying to provincial NPOs. This act now allows for remote decision-making and voting at meetings of boards of directors and assemblies of members.
On December 5, 2019, Bill 16 was adopted by the National Assembly. Numerous changes are made to the proceedings rules of the Rental Board tribunal, framing demands filed by the parties with more severity.
In Quebec, the tenant has the right to maintain occupancy of their dwelling. However, this principle of housing law knows certain exceptions, one of which being the corporate and contractual nature of a housing cooperative.
All boards of directors are well aware of this: the powers and capacities that directors exercise are conferred on them by the assembly of members of their non-profit organization (NPO) or their cooperative.
In addition to the other changes made to the law of co-ownership, the adopted Bill 16 modifies and specifies several rights and obligations of the co-owners meetings and syndicate, adding transparency to the management of your co-ownership building.
Since January 10, 2020, the date of entry into force of many changes made by Bill 16, the transactions of buyers of private condominium units have been better protected. Indeed, new obligations are imposed on the promoter-builder of a condominium.
Whatever the type of cooperative, members sometimes have to answer for their conduct before the board of directors. However, this disciplinary power must be exercised in accordance with the provisions set by sections 57 to 60.2 of the Cooperatives Act.
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