It is important to distinguish between an accident at work that is an unforeseen and sudden event occurring during work versus an occupational disease.
In this article, Me Lambert engages in an analysis based on an occupational disease by dissecting a recent file he won for his client at the Administrative Labour Tribunal.
You volunteer to help your neighbor make repairs to their home. The latter lends you a saw, but does not explain how to use it. A few moments later, you cut your finger. Your child should use a burner during their chemistry class. The teacher fails to inform students about the dangers and precautions to …
Taking the initiative to enroll your child in a childcare centre (CPE) or in a family daycare can be a difficult decision for both parents and the child. It is sometimes difficult to trust another person to take care of or educate their children, even if only temporarily. So what happens when your child comes …
Readers of our legal capsules no doubt recognize the three elements that must be established to be entitled to a civil liability claim: fault, damage and causation. On the other hand, even if someone commits a fault that causes you harm, you may not be entitled to compensation if you do not comply with the …
In this legal capsule, Me Lambert informs you about the legislation and jurisprudence dealing with the presumption of occupational diseases. In order to have a medical condition recognized as an occupational disease, it must first be proven that the disease was contracted or developed during the work performed by the employee. The worker must also …
You are about to buy an appliance and the seller offers to pay an additional fee for an extended warranty. Should you accept? You have had your tablet repaired and now after only a few weeks, it stops working. Do you have recourse against the repairer or against the merchant or manufacturer who sold you …
Our office has been putting pressure on the Ministry of Labour, Employment and Social Solidarity for a long time by asking for more transparency. The following is a legal notice that the Department has provided to its employees following the instructions we give to our clients, including the directive to record a conversation.
Social assistance guidelines for recording a conversationRead More
The legalization of cannabis in Canada is a highly topical topic, but the laws on this subject and their application – that is, what will be allowed and what will not be allowed – are still a little uncertain. Will it be possible to smoke marijuana at work? Will the employer be able to require …
You fall into the parking lot of your workplace while heading towards it. You suffer a fracture in your tibia and are no longer able to work for a few weeks. In addition, your doctor tells you that the injury will probably leave sequelae once healed. We advise you to make a claim with the …
If you want to make a purchase on the web, the last step is often to go through miles of legal texts to click on the small box “I have read and I accept the terms and conditions”. It is understandable that few people read these contracts in their entirety, sometimes because of a lack …
The unfair term in terms of membership or consumer contractRead More
When they are young, children may find it difficult to control their actions and think about the potential consequences of their actions. However, they can sometimes cause damage to a third party, resulting in an obligation to repair the harm that will be imposed on his parents or guardians.
In what cases will parents be held responsible for the wrongful act committed by their child? What defences can they put forward to the Court? And from what age does a child become responsible for his own actions?
Mr. Lambert explains what the law provides for in such cases.
Prescription is a legal regime of great importance in our civil law. Indeed, a complete book is dedicated to him in the Civil Code of Quebec. It is therefore essential to keep abreast of the details and specificities of this concept in order to be able to assert your rights more effectively. In this article, …
“Mr. Lambert, my limitation period expires tomorrow. Help me, it’s urgent.” “Mr. Lambert, I have a trial next week in court, can you represent me? My file is already all mounted.” “Lambert, I accepted the claims adjuster’s offer last year, but I still have sequelae and I am unable to return to work. Can you …
During a family dinner in a restaurant, you choose a dish and explain to the waiter that you have a food allergy. You start eating and you feel bad: you have an allergic reaction. The reasons can be varied – an oversight of the waiter, a misunderstanding on the part of the cook, a lack …
You are undergoing surgery on your abdomen in a hospital. The doctor allows you to return to your home the next day. Once at home, you feel pain at the level where the operation took place. So you call your doctor who does not answer. You go to the emergency room and are informed that …
Are you planning a family outing in a park and your child gets injured while playing on the facilities on the field? Decide to take a bike ride and fall because of a crack on the bike path? A civil liability remedy may be available to you, provided that you are able to prove three …
Liability of the city in case of lack of maintenanceRead More
Your child rents his first apartment and needs someone to guarantee the payment of rents. Your friend asks you to stand surety with his bank to guarantee the repayment of a loan. By agreeing to sign a bond contract, what are your obligations? Me Lambert explains the basic concepts of suretyship and comments on the …
You work as a lifeguard for a municipal swimming pool and have to perform cardiac resuscitation on a drowning child. By performing the maneuver, you break two ribs. Will you be held responsible for the child’s fractures? Me Lambert analyzes the issue by explaining the defense of good Samaritan as well as the obligation to …
You are having dinner at your friend’s house when he collapses. You recognize the signs of stroke. You have done your first aid course and know that, in this type of situation, the speed with which we intervene is crucial. You call the emergency services and inform them of the situation, but they take a …
You are driving your small pleasure boat on the St. Lawrence River. You make a turn and as your ship lines in its new direction, you notice a boat in your path. The latter is immobilized, but there is no sign that it was. The distance between you is now too short to give you …
Is an accident that occurs while exiting the vehicle in the parking lot or removing snow from the roof or windshield of the automobile covered by the SAAQ?
Me Lambert explains what constitutes the use of the vehicle and what constitutes maintenance of the vehicle according to the law and jurisprudence in force.
Compensation for an accident that occurred while using a vehicleRead More
You walk down the street and see a sign that reads: “Be careful, ice fall!” You keep walking, without really taking precautions, and a block of ice falls on you, causing a head injury.
Is the danger notice on the sign sufficient to release the owner of the building from civil liability, or can you sue him? Me Lambert gives you an overview of your obligations and those of the owner, and explains how to act if you want to file a civil liability lawsuit.
If you are an avid reader of our capsules, you already know that when you suffer harm, whether of a bodily, material or moral nature, the law offers you several remedies so that you can obtain compensation for your damage. However, it is useful to know that, depending on the circumstances, you will be able …
During your morning training, you decide to go for a few kilometers in your neighborhood before your workday. However, as you begin to warm up, your foot slips into a hole in the sidewalk that has collapsed and you sprain your ankle. After a long day in the hospital because of this hole so well …
In this capsule, Me Lambert looks at the obligations to which doctors and hospitals are subject regarding the medical equipment used by explaining the legislation and jurisprudence related to the subject. The provisions of the Civil Code The Civil Code of Québec obliges every person to make reparation for the damage caused to others by …
Every winter, many accidents occur during the practice of winter sports. While often these incidents are no one’s fault, sometimes it happens that the accident could have been avoided if everyone involved had followed the rules of good conduct.
What can you do if a ski outing takes a wrong turn? In what situations can you be entitled to a civil liability lawsuit?
In December 2017, Matt Yamashita was about to smoke his e-cigarette when it exploded. Following this incident that caused him to lose four teeth, he will need an operation to receive dental implants. Could he be entitled to legal action and if so, against whom?
Mr. Lambert comments on the case and lists Mr. Yamashita’s options according to the civil liability law applicable in Quebec.
Your social assistance officer contacts you to get a statement from you… do you have to answer his questions? Often, these statements will be used against you in the future in connection with a claim for misrepresentation or cancellation of your services.
Me Lambert explains your rights and obligations.
When social assistance does not apply the Charter of Rights and FreedomsRead More
Is it legal to record a conversation using a phone app? Do you have to tell the person that you are recording it?
In which cases can a conversation be legally recorded? Mr. Lambert explains what is allowed and what is prohibited.
Recording a conversation without the knowledge in Quebec: what the law providesRead More
Social assistance investigators have broad investigative powers to obtain information they desire. How far do these investigative powers go? Do they have the right to use means that contravene the Charter? What about privacy?
Me Lambert denounces certain practices of social assistance.
When Social Assistance Goes Too Far – Investigation and ClaimsRead More
