Protection of vulnerable people
And of those who will become so.
Judilex can advise and intervene for your loved ones, or yourself, in order to protect their rights, whether it is to protect their person and their integrity, and the protection of their assets.
Tailor-made protection mandates can be prepared. If necessary, a network of experienced notaries will be made available to you at the appropriate time.
A mandate in case of incapacity is a document in which a person, known as a mandator , while in full possession of his faculties, appoints another person, known as the mandatary , to see to his protection or administer his property, or both at once , in the event that illness or an accident deprives him of his faculties, either temporarily or permanently.
These protection mandate must be approved by the courts when the protected person is no longer able to exercise his rights or manage his property. This step is fundamental and it can sometimes be a difficult and narrow strait to maneuver, in which the parents, friends or allies of the protected person may want to take different directions and could understand differently what has been expressed in the mandate .
Our role will then be to ensure that what has been expressed and decided by the protected person is correctly clarified, understood and finally approved by the court. We can also advise and assist the court-appointed mandatary (ies) in carrying out their responsibilities.
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Articles
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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