Section: Legal

A PARTY MAY NOT USE LEGAL DENIAL TO DELAY THE HEARING OF A CASE

Article locked Published on by Me Robert Soucy

A PARTY MAY NOT USE LEGAL DENIAL TO DELAY THE HEARING OF A CASE -

A PARTY MAY NOT USE LEGAL DENIAL TO DELAY THE HEARING OF A CASE

The tenant requests the disqualification of the administrative judge in the following nine files. The tenant has produced 5 requests in different files: 1) a reduction in rent, condemnation for damages with interest, request to be allowed to deposit his rent; 2) a request to be allowed to deposit his rent; 3) cessation of harassment and sentence for damages with interest; 4) cessation of harassment and sentence for damages with interest and punitive damages; 5) condemnation for damages and order to maintain the dwelling in good habitable condition. For his part, the landlord has produced 4 requests: 1) condemnation for damages with interest and work execution order; 2) termination of the lease and recovery of rent due; 3) termination of the lease and condemnation for damages; 4) termination of the lease. Recovery of rent and termination of the lease for frequent delays.

Change in the Code of Civil Procedure: Amendment to the right to have a Lawyer

Article locked Published on by Me Jean-Olivier Reed

Change in the Code of Civil Procedure: Amendment to the right to have a Lawyer -

Change in the Code of Civil Procedure: Amendment to the right to have a Lawyer

Since 1 January 2015, the Civil Procedure Code has been amended to increase from $7,000.00 to $15,000.00 the amount of eligible receivables to the Small Claims section.

You should also know that when a request is made under the Small Claims Division, the parties have no right to counsel under Section 959 of the Civil Procedure Code.

Cracked concrete slab: the Syndicate of co-ownership is not automatically at fault!

Article locked Published on by Me Kevin J. Lebeau

Cracked concrete slab: the Syndicate of co-ownership is not automatically at fault! -

Cracked concrete slab: the Syndicate of co-ownership is not automatically at fault!

The plaintiff claims from the defendant party a compensation of $7000.00 due to the presence of cracks and an unevenness affecting the concrete floor slab of his condominium unit. He says he suffered damages of approximately $9482.23 in connection with this problem, but he reduced his claim to $7000.00 in order to comply with the monetary jurisdiction of the Small Claims Division at the time of the submission of the application. (This limit is now $15,000 since 1 January 2015).

Season of the purchase of buildings: Check your lease!

Article locked Published on by Me Annie Lapointe

Season of the purchase of buildings: Check your lease! -

Season of the purchase of buildings: Check your lease!

We cannot stress enough the importance of checking the leases during the purchase of a new building.

“1937. The voluntary or forced alienation of an immovable comprising a dwelling or the extinction of the title of the lessor does not permit the new lessor to resiliate the lease, which is continued and may be renewed in the same manner as any other lease.

The new lessor has, towards the lessee, the rights and obligations resulting from the lease.”

AirBnB, Couchsurfing and sublease - Part 2

Article locked Published on by Me Annie Lapointe

AirBnB, Couchsurfing and sublease - Part 2 -

AirBnB, Couchsurfing and sublease - Part 2

We’ve been writing, in the article of the previous issue, about the activities of some tenants on sites like “Couchsurfing” and “AirBnB,” providing temporary accommodation services via Internet. This offer, made to transients, is often akin to services offered by an inn and can result in changing the destination of the dwelling. It was mentioned that these services, if they extend over more than a third of the housing which was built for residential purposes, change the destination of the housing and may give rise to the termination of the lease.