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Call us | Montreal: (514) 526-2378 (LAMBERT) | Quebec: 418 526-2378 (LAMBERT) | 24h / 7 days in case of arrest

LAMBERT AVOCATS

Avocats SAAQ, Responsabilité civile, Recours collectifs à Montréal et les environs

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  • Team
        • Lawyers / Representatives
          • Mtre Jimmy Ernst Jr. L. Lambert
          • Mtre Benjamin W. Polifort
          • Mtre Loran-Antuan King
          • Mtre Yahia Belhaddad
          • Mtre Felicia Rotaru
          • Mtre Sandra H. Kim
          • Mtre Olivier Hankins-Meilleur
          • Mtre Bo Chi Zhang
          • Mtre Philippe Brault
          • Daphné McConnell
        • Assistants
          • Jeannie Nguyen
          • Céline Slamani
          • Rubi Barboza Gomez
          • Emilie Leblanc
        • Bar Students / Interns
          • Mtre Mégane Rousseau
          • Sandrine Puchin
        • Students
  • Administrative Law
        • Car Accidents (SAAQ)
          • Your SAAQ file
            • Challenging a SAAQ decision
            • Application for administrative review to the SAAQ
            • SAAQ Administrative Review Decision
            • Recourse to the Tribunal administratif du Québec
            • Conciliation at the Tribunal administratif du Québec
            • Trial at the Tribunal administratif du Québec
            • Review of the judgment of the Tribunal administratif du Québec
            • Recourse to the Superior Court
          • Dispute period
          • Income replacement indemnity claim
          • Compensation for bodily injury
          • Compensation for psychological damage
          • Determined employment and return to work
          • Relapse, recurrence or aggravation
          • Causal link
          • Personal assistance at home
          • Request for reimbursement
        • Work Accidents (CNESST)
          • Contestation of a CNESST file
          • Income replacement indemnity
          • Employment
          • Compensation for relapse
          • Civil action for a work accident
        • Victims of Criminal Offence (IVAC)
          • Criminal acts covered by the IVAC
          • Criminal Compensation Lawyer
          • Victims of physical assault
          • Compensation for unemployed victims
          • Fault of the victim
          • Rehabilitation
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          • Refusal of a request
          • Work income
          • Family allowances
          • Surviving spouse's pension
          • Supplement for disabled children
          • Progress of the file
        • Social Welfare
          • Marital life
          • Misrepresentation or fraud
          • Investigation
  • Civil Law
        • Civil Liability
          • How to prove the damage
          • Assessment of civil damage
          • Compensation for bodily injury
          • Injuries caused by a fall
          • Injuries caused by the ruin of a building
          • Liability of the city in case of lack of maintenance
          • Responsibility of the school
          • Fact of the goods
        • Medical Liability
          • Remedies for compensation
          • Medical negligence and unnecessary treatment
          • Surgical errors and early discharge from hospital
          • Misdiagnosis
          • Malfunction of medical devices
          • Code of Ethics of Physicians
        • Prosecuting your aggressor in civil proceedings
          • Criminal vs. civil hearing
          • Prescription
        • Contractual Law
          • Claim for damages
          • Letter of formal notice
        • Disability Insurance
          • Disability Insurance
        • Hidden Defects
  • Class Actions
        • Ongoing Class Actions
          • Coloplast
          • Canada Post
          • Nintendo
          • Samsung
          • Videotron
          • Car dealers
          • GoFundMe
          • Fever
          • Hyundai (paint)
          • Brewers
          • SAQ
          • Psycom
          • Volkswagen (water leak)
          • "Alcohol-free” products
          • Ticketmaster
          • Diocese of Gaspé
          • Diocese of Rimouski
          • Diocese of Rouyn-Noranda
          • Social media
          • Bread recall
          • Kia (paint)
          • Audi (oil)
          • Tequila
          • STM
          • DoorDash (tips)
          • Lafontaine Tunnel
          • Public Storage
          • Volkswagen (ID.4)
          • Nissan (paint)
          • Nissan (roof)
          • Nordik Spa
        • Completed Class Actions
          • Metro Metro Festival
          • Cogeco
          • DoorDash
          • Ironman
          • StockX
          • Croisières AML
          • Web Hosting Canada
          • UberEats
          • UberEats (Service Fees)
          • Laurentian Bank
        • Frequently asked questions
          • What are the steps of a class action?
          • How do I become a class member in a class action?
          • How to make a claim?
          • How much to receive as compensation?
          • When to receive compensation?
  • Criminal Law
        • Offences
          • Assault
          • Assault on a peace officer
          • Break and enter
          • Criminal negligence
          • Dangerous driving
          • Fraud
          • Hit-and-run
          • Impaired driving (DUI)
          • Mischief
          • Murder and attempted murder
          • Obstruction of justice
          • Possession of drugs and other substances
          • Possession of firearms
          • Sexual assault
          • Theft and possession of stolen goods
          • Threats
        • Procedure
          • Rights and freedoms in the event of arrest
          • Interim release
          • Elements of a criminal offence
          • Sentencing
          • Application for a record suspension
        • Charter Rights
          • Right to be informed of the reasons for arrest and right to counsel
          • Right to silence
          • Presumption of innocence
          • Right to be free from arbitrary detention or imprisonment
          • Right to be secure against unreasonable search or seizure
        • Defence
          • Coercion and necessity
          • Error of fact
          • Ignorance of the law
          • Intoxication
          • Self-defence
          • Not criminally responsible
          • Provocation
  • Penal Law
  • Disciplinary Law
    • Dentists
    • Engineers
    • Judges
    • Notaries
    • Nurses
    • Opticians
    • Optometrists
    • Psychologists
    • Real Estate Brokers
    • Veterinarians
  • Housing Law
    • Tenant Representation
      • Abandonment of housing
      • Pets and Rental Housing
      • Rent increase
      • Request for Deposit
      • Deposit: Illegal or Not?
      • Rodent infestation
      • Housing unfit for habitation
      • Obligations of delivery, maintenance, and fitness of the property
      • Repairs in the home
      • Neighbourhood disturbances
      • Validity of the lease
      • Sale of housing
    • Landlord Representation
      • Hidden defect lawyers
      • Death of the tenant
      • Eviction
      • Non-payment of rent and frequent delays
      • Repossession of accommodation
      • Termination, Sublease and Assignment of Lease
  • Aviation Lawyers
        • Passenger Rights
          • Travel insurance
          • Right to assistance
          • Right to compensation
          • Right to information
          • Right to care
          • Disclaimer
          • Carrier’s Obligations
          • Additional obligations of airlines
          • Penalties
        • Laws and regulations
          • Air Passenger Compensation
          • The Montreal Convention
          • International Civil Aviation Organization (ICAO)
          • European Regulation
        • Complaints procedure
          • Relevant documents and information to keep
          • Claim Form
          • Small claims claim
        • Special situations
          • Cessation of an airline’s activities
          • Rights of passengers with special needs
          • Denied boarding
  • Legal Capsules
        • General
          • Prescription
          • Guide to writing a letter of formal notice
          • Small Claims Court
          • Representing yourself in court without a lawyer
          • Recording a conversation
        • Civil Liability
          • Aquatic accidents
          • Boat accidents
          • Skiing accidents and other winter sports
          • Accidents during a hunting activity
          • Recreation
          • Burns caused by aesthetic care
          • Transmission of an STI
          • Dog bite or attack
          • Responsibility of a babysitter or daycare
          • Bullying at school
          • Defamation
        • Consumer Law
          • Unfair term in terms of membership
          • Punitive damages
          • Misrepresentation in advertisements
          • Cancellation fees
          • Extended warranty
          • Illegal pricing practice
            • Price Accuracy Policy
            • Additional fees in consumer contracts
          • Abusive loans
          • Flight delay, cancellation or overbooking
          • Telecommunications companies
            • Complaint to the Commission for Complaints for Telecom-television Services (CCTS)
            • Termination fees for telecommunications contracts
        • Car Accidents
          • After a car accident: the impact on victims
          • Compensation for an accident that occurred while using a vehicle
          • Accident with a snow removal vehicle
          • Injuries sustained in an automobile accident outside Quebec
          • Compensation by the SAAQ for personal assistance at home
          • The SAAQ’s no-fault regime
          • Simulation
        • Work Accidents
          • Accidents at work while working from home
          • Civil action for a work accident
          • Accident at work outside working hours
          • Presumption of occupational diseases
          • De Quervain’s tendinitis
          • Cannabis use in the workplace
          • Guide for victims of psychological harassment at work
        • Victims of Criminal Offence
          • Psychotherapy for the victim of criminal offence
  • Career
  • Reach us
  • English
    • Français
  • About
    • Services
      • Class Actions
      • Civil Liability
      • Medical Liability
      • Car Accidents
      • Work Accidents
      • Victims of Criminal Offence
      • Retraite Québec
      • Social Welfare
      • Disability Insurance
      • Criminal Law
      • Penal Law
      • Disciplinary Law
    • Philosophy
      • Protection of your rights
      • Personalized service
      • Trust
    • Legal Fees
      • Percentage
      • Fixed
      • Hourly rate
      • Legal Aid
      • Legal Insurance
    • Distinctions
      • Consumer Choice
      • Three Best Rated
    • Press
      • Class Actions
      • Civil Liability
      • Administrative Law
      • Disability Insurance
  • Team
    • Lawyers / Representatives
      • Mtre Jimmy Ernst Jr. L. Lambert
      • Mtre Benjamin W. Polifort
      • Mtre Loran-Antuan King
      • Mtre Yahia Belhaddad
      • Mtre Felicia Rotaru
      • Mtre Sandra H. Kim
      • Mtre Olivier Hankins-Meilleur
      • Mtre Bo Chi Zhang
      • Mtre Philippe Brault
      • Daphné McConnell
    • Assistants
      • Jeannie Nguyen
      • Céline Slamani
      • Rubi Barboza Gomez
      • Emilie Leblanc
    • Bar Students / Interns
      • Mtre Mégane Rousseau
      • Sandrine Puchin
    • Students
  • Administrative Law
    • Car Accidents (SAAQ)
      • Your SAAQ file
        • Challenging a SAAQ decision
        • Application for administrative review to the SAAQ
        • SAAQ Administrative Review Decision
        • Recourse to the Tribunal administratif du Québec
        • Conciliation at the Tribunal administratif du Québec
        • Trial at the Tribunal administratif du Québec
        • Review of the judgment of the Tribunal administratif du Québec
        • Recourse to the Superior Court
      • Dispute period
      • Income replacement indemnity claim
      • Compensation for bodily injury
      • Compensation for psychological damage
      • Determined employment and return to work
      • Relapse, recurrence or aggravation
      • Causal link
      • Personal assistance at home
      • Request for reimbursement
    • Work Accidents (CNESST)
      • Contestation of a CNESST file
      • Income replacement indemnity
      • Employment
      • Compensation for relapse
      • Civil action for a work accident
    • Victims of Criminal Offence (IVAC)
      • Criminal acts covered by the IVAC
      • Criminal Compensation Lawyer
      • Victims of physical assault
      • Compensation for unemployed victims
      • Fault of the victim
      • Rehabilitation
    • Retraite Québec
      • Refusal of a request
      • Work income
      • Family allowances
      • Surviving spouse’s pension
      • Supplement for disabled children
      • Progress of the file
    • Social Welfare
      • Marital life
      • Misrepresentation or fraud
      • Investigation
  • Civil Law
    • Civil Liability
      • How to prove the damage
      • Assessment of civil damage
      • Compensation for bodily injury
      • Injuries caused by a fall
      • Injuries caused by the ruin of a building
      • Liability of the city in case of lack of maintenance
      • Responsibility of the school
      • Fact of the goods
    • Medical Liability
      • Remedies for compensation
      • Medical negligence and unnecessary treatment
      • Surgical errors and early discharge from hospital
      • Misdiagnosis
      • Malfunction of medical devices
      • Code of Ethics of Physicians
    • Prosecuting your aggressor in civil proceedings
      • Criminal vs. civil hearing
      • Prescription
    • Contractual Law
      • Claim for damages
      • Letter of formal notice
    • Disability Insurance
      • Disability Insurance
    • Hidden Defects
  • Class Actions
    • Ongoing Class Actions
      • Coloplast
      • Canada Post
      • Nintendo
      • Samsung
      • Videotron
      • Car dealers
      • GoFundMe
      • Fever
      • Hyundai (paint)
      • Brewers
      • SAQ
      • Psycom
      • Volkswagen (water leak)
      • “Alcohol-free” products
      • Ticketmaster
      • Diocese of Gaspé
      • Diocese of Rimouski
      • Diocese of Rouyn-Noranda
      • Social media
      • Bread recall
      • Kia (paint)
      • Audi (oil)
      • Tequila
      • STM
      • DoorDash (tips)
      • Lafontaine Tunnel
      • Public Storage
      • Volkswagen (ID.4)
      • Nissan (paint)
      • Nissan (roof)
      • Nordik Spa
    • Completed Class Actions
      • Metro Metro Festival
      • Cogeco
      • DoorDash
      • Ironman
      • StockX
      • Croisières AML
      • Web Hosting Canada
      • UberEats
      • UberEats (Service Fees)
      • Laurentian Bank
    • Frequently asked questions
      • What are the steps of a class action?
      • How do I become a class member in a class action?
      • How to make a claim?
      • How much to receive as compensation?
      • When to receive compensation?
  • Criminal Law
    • Offences
      • Assault
      • Assault on a peace officer
      • Break and enter
      • Criminal negligence
      • Dangerous driving
      • Fraud
      • Hit-and-run
      • Impaired driving (DUI)
      • Mischief
      • Murder and attempted murder
      • Obstruction of justice
      • Possession of drugs and other substances
      • Possession of firearms
      • Sexual assault
      • Theft and possession of stolen goods
      • Threats
    • Procedure
      • Rights and freedoms in the event of arrest
      • Interim release
      • Elements of a criminal offence
      • Sentencing
      • Application for a record suspension
    • Charter Rights
      • Right to be informed of the reasons for arrest and right to counsel
      • Right to silence
      • Presumption of innocence
      • Right to be free from arbitrary detention or imprisonment
      • Right to be secure against unreasonable search or seizure
    • Defence
      • Coercion and necessity
      • Error of fact
      • Ignorance of the law
      • Intoxication
      • Self-defence
      • Not criminally responsible
      • Provocation
  • Penal Law
  • Disciplinary Law
    • Dentists
    • Engineers
    • Judges
    • Notaries
    • Nurses
    • Opticians
    • Optometrists
    • Psychologists
    • Real Estate Brokers
    • Veterinarians
  • Housing Law
    • Tenant Representation
      • Abandonment of housing
      • Pets and Rental Housing
      • Rent increase
      • Request for Deposit
      • Deposit: Illegal or Not?
      • Rodent infestation
      • Housing unfit for habitation
      • Obligations of delivery, maintenance, and fitness of the property
      • Repairs in the home
      • Neighbourhood disturbances
      • Validity of the lease
      • Sale of housing
    • Landlord Representation
      • Hidden defect lawyers
      • Death of the tenant
      • Eviction
      • Non-payment of rent and frequent delays
      • Repossession of accommodation
      • Termination, Sublease and Assignment of Lease
  • Aviation Lawyers
    • Passenger Rights
      • Travel insurance
      • Right to assistance
      • Right to compensation
      • Right to information
      • Right to care
      • Disclaimer
      • Carrier’s Obligations
      • Additional obligations of airlines
      • Penalties
    • Laws and regulations
      • Air Passenger Compensation
      • The Montreal Convention
      • International Civil Aviation Organization (ICAO)
      • European Regulation
    • Complaints procedure
      • Relevant documents and information to keep
      • Claim Form
      • Small claims claim
    • Special situations
      • Cessation of an airline’s activities
      • Rights of passengers with special needs
      • Denied boarding
  • Legal Capsules
    • General
      • Prescription
      • Guide to writing a letter of formal notice
      • Small Claims Court
      • Representing yourself in court without a lawyer
      • Recording a conversation
    • Civil Liability
      • Aquatic accidents
      • Boat accidents
      • Skiing accidents and other winter sports
      • Accidents during a hunting activity
      • Recreation
      • Burns caused by aesthetic care
      • Transmission of an STI
      • Dog bite or attack
      • Responsibility of a babysitter or daycare
      • Bullying at school
      • Defamation
    • Consumer Law
      • Unfair term in terms of membership
      • Punitive damages
      • Misrepresentation in advertisements
      • Cancellation fees
      • Extended warranty
      • Illegal pricing practice
        • Price Accuracy Policy
        • Additional fees in consumer contracts
      • Abusive loans
      • Flight delay, cancellation or overbooking
      • Telecommunications companies
        • Complaint to the Commission for Complaints for Telecom-television Services (CCTS)
        • Termination fees for telecommunications contracts
    • Car Accidents
      • After a car accident: the impact on victims
      • Compensation for an accident that occurred while using a vehicle
      • Accident with a snow removal vehicle
      • Injuries sustained in an automobile accident outside Quebec
      • Compensation by the SAAQ for personal assistance at home
      • The SAAQ’s no-fault regime
      • Simulation
    • Work Accidents
      • Accidents at work while working from home
      • Civil action for a work accident
      • Accident at work outside working hours
      • Presumption of occupational diseases
      • De Quervain’s tendinitis
      • Cannabis use in the workplace
      • Guide for victims of psychological harassment at work
    • Victims of Criminal Offence
      • Psychotherapy for the victim of criminal offence
  • Career
  • Reach us
  • English
    • Français

Consumption

You are here: Home / Archives for Consumption
clause-modification

Validity of a unilateral amendment clause in a consumer contract

You see that the real estate market is booming, and you want to take advantage of this opportunity to sell your home. In order to bring the kitchen up to date and to make the most of the sale, you hire the services of a construction contractor, who tells you that the work will last …

Validity of a unilateral amendment clause in a consumer contractRead More

augmentation-loyer

Predatory loans

First of all, it is important to clarify that a loan agreement between a consumer (i.e., an individual who obtains a good or service for personal use) who borrows money from a merchant (i.e., a person who carries on a business professionally with a view to making a profit) is governed by the Consumer Protection …

Predatory loansRead More

Cancellation Fees

The scourge of “no-shows” is certainly not a new problem that restaurateurs, among many others, have to face. However, it seems that the phenomenon is growing and merchants are fed up with this war with ghost customers. Indeed, it is becoming more and more common to see a fee charged in the event of cancellation …

Cancellation FeesRead More

Additional fees in consumer contracts

As you surf the net, you see a huge special about a product you’ve been coveting for a long time. You add it to your cart and immediately move on to the next step in order to take advantage of this deal before it’s too late. However, as you prepare to pay, you realize that …

Additional fees in consumer contractsRead More

price change

Recourse against telecommunications companies

You are dealing with a company offering telephone services in order to obtain a plan allowing you to enjoy unlimited data for a period of two years. Over the past year, the company informs you that from now on, you will only be entitled to 10G only that a fee will be charged when the …

Recourse against telecommunications companiesRead More

Termination fees for telecommunications contracts

Do you find that your internet connection, television and telephony service costs you a lot of money? This would not be surprising considering that the 2019 Communications Monitoring Report tells us that: Canadian households spent an average of $233.00 per month on their communications services, an increase of $10.17 (4.6%) from 2016. In addition, when …

Termination fees for telecommunications contractsRead More

false publicity

Misrepresentation in advertisements

Have you ever bought a product on the Internet and when you made the payment, it was not the price that was displayed? Or was there a difference in the quantity or quality of the product? If so, are you protected against these types of misleading advertising and what are your possible remedies against the …

Misrepresentation in advertisementsRead More

complaint-crpst

Complaint to the Commission for Complaints for Telecom-television Services (CCTS)

When you have a problem with your telecommunications or television provider and they refuse to cooperate, you can file a complaint with the Commission for Complaints for Telecom-television Services (CCTS). You can also file a class action lawsuit, if you believe you’re not alone in the same problem. What is the CCTS? The CCTS is …

Complaint to the Commission for Complaints for Telecom-television Services (CCTS)Read More

prejudice assessment

Illegal pricing practice

You learn that your favorite artist is coming to give a show in Montreal. You jump at the chance to see it live and decide to buy tickets online. The price of the tickets is indicated when you choose your seat, but at the time of payment, additional and mandatory fees for the delivery of …

Illegal pricing practiceRead More

delay-theft-recourse

Flight delay, cancellation or overbooking

You have planned a family trip to Mexico with your family that includes a stopover in New York. While you wait for your flight to New York airport, you learn that it will be delayed by 3:30 a.m., just enough to make you miss your connection. Do you have recourse against your airline? Will you …

Flight delay, cancellation or overbookingRead More

additional guarantee

Should you take an extended warranty?

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 …

Should you take an extended warranty?Read More

unfair term

The unfair term in terms of membership or consumer contract

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

punitive damages

Punitive damages

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 …

Punitive damagesRead More

policy-accuracy-price

Price Accuracy Policy: The Law, Your Rights and Exceptions

When you see an advertised price, you logically expect that it will be the amount, after adding up the taxes, that you will pay. But sometimes, at the time of paying, the price does not match what you had seen.

What can you do and how can you be compensated in case of a pricing error? Me Lambert explains the protections to which you are entitled depending on the circumstances and the product.

Price Accuracy Policy: The Law, Your Rights and ExceptionsRead More

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