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
You have been involved in a car accident and you believe that someone or the city is responsible. You have submitted a claim to the Société de l’assurance automobile du Québec (SAAQ), but the amount received does not cover all the costs incurred by the accident, or you consider that it does not fully compensate …
Civil action for damage caused by an automobile accidentRead More
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 …
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 …
Since the beginning of the COVID-19 pandemic, there has been a significant increase in teleworking. This raises an important question: do homeworkers enjoy the same protection by law in the event of an accident at work? Although there is no law that specifically governs telework, workers performing their tasks at home are protected by the …
In order for a person to be compensated by a public compensation plan or an insurer, his sequelae or incapacity for work must be the subject of a medical report. Medical expertise thus plays a central role in the compensation process. But what happens when an expert opinion concludes that the simulation is simulated? This …
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 …
Can a company sue you for a negative comment you left online? How can you protect yourself from such a case not happening to you?
Me Lambert comments on the story of the lawyer who got $ 1 after suing her client for a bad review on the Internet.
It’s July1st , you pay a moving company in order to move your furniture and transport it to your new home. Once the furniture is unloaded, you notice that many of them are damaged and the floor of your new home is damaged. Are you entitled to compensation for the damage you incurred during the …
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 …
Those who are members of a professional order, whether a lawyer, a doctor or an engineer, are subject to a code of conduct to ensure respect for ethics. These codes, called Codes of Ethics, contain the duties and responsibilities that govern a profession. By virtue of their position of power, professionals must comply with higher …
Medical Liability: The Code of Ethics of PhysiciansRead More
Physicians are obligated to be diligent throughout the treatment of their patients. Again, this is an obligation of means, that is, the physician only has to show that he behaved like a prudent and reasonable physician in order to have his liability released. He is therefore entitled to error, unless it was caused by his …
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 …
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 …
In this article, Me Lambert explains the principle of the obligation of security in the context of civil liability actions. Below is a brief explanation of the applicable rule, the exceptions to that rule and a particular case of application of the principle, all illustrated by various examples from the case law. Failure to omit …
When you suffer damage on an ice rink, whether indoor or outdoor, a civil liability claim is possible, provided, of course, that you prove fault on the part of the owner of the establishment, damage and a causal link between the two previous elements. In what cases can the rink owner be held liable for …
It’s the holidays and you’re going to zip line with your family in an adventure park. When you arrive at the scene, a representative makes you sign a notice that you read briefly. In the middle of the course, you fall, while you were clinging to a rope stretched between two trees. You notice that …
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
Every year, there are tragic accidents during snow removal operations. These accidents often leave serious sequelae, both physical and psychological.
What can you do in these cases? Who should you contact and what can you claim as compensation? In this article you will find your answers to these questions.
The Code provides for three situations by which the limitation period, both acquisitive and extinctive, may be modified: waiver, interruption and suspension. Waiver of the limitation period It is provided in the Code that it is possible to waive a prescription, strictly when its period has entirely elapsed (article 2883 C.C.Q.). As a result, …
Modification of a limitation period in civil mattersRead More
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 …
In the event of a workplace accident, the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) compensates the victims.
However, can you also bring a civil liability action in the context of a workplace accident?
A family member takes you to the emergency room because you are having an asthma attack. Arrived at the hospital, the doctor examines you and raises three possible diagnoses contained in the symptoms you display. After further examination, he decides to treat you for lung trauma. He is wrong and the mistreatment causes complications. Is …
As some already know, the damage suffered is one of the three essential elements to prove when claiming compensation for damage in civil liability. After all, this is the very raison d’être of civil liability, since it is the same damage that civil liability is trying to compensate. However, how does the judge assess the …
Did you injure yourself when you slipped on a wet floor at the entrance to a building? A carpet was on the scene, but it was not placed in the right place and you fell before reaching it? In order to obtain compensation for the damage suffered, it will obviously be necessary to prove that …
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 …
It’s St. John’s Day and you and your family go out to watch the show. You decide to stay to watch the fireworks and the moment your eyes are fixed on the sky you receive a spark on your head that causes you a burn. Do you have recourse against the municipality or company responsible …
Being a carrier of an STD undoubtedly has its share of consequences, both financial and psychological. However, is there a legal remedy to mitigate these consequences for those who have maliciously been infected by others? In this capsule, we review the principles applicable to a civil action for transmission of an STD, including genital herpes, …
In Quebec, 37% of accidental deaths caused by a firearm result from accidents that occurred during hunting activities.
What is the responsibility of the hunter when he shoots his companion by accident? In this article, Me Lambert studies the different cases of hunting accidents that can give rise to a civil lawsuit.
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.
