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Family 43
Am I eligible for legal aid for a custody case?In Quebec, legal aid has a free component for people whose income falls below the eligibility thresholds, and a contributory component for people whose…At what age can a child decide which parent to live with?In Quebec, no rule of law sets an age at which a child decides for themselves which parent they live with. The court must take the child's opinion into…Can I ask for child support if the other parent lives abroad?Yes. In Quebec, a Quebec court can order the payment of child support even if the other parent lives outside the country, as long as one of the parents…Can I ask for support for myself if we were not married?No. In Quebec, de facto spouses have no support obligation toward each other, and that remains true in a parental union: you cannot claim support for…Can I move with my child without the other parent's consent?Under the Divorce Act, a parent who plans a relocation must notify the other in writing at least 60 days in advance, using the notice of relocation form.…Can I record a conversation with my ex to use it in court?In Quebec, an audio or video recording is among the types of evidence that can be presented to the court, but its admissibility is never automatic: the…Can I represent myself in family court?Yes. In Quebec, you can act on your own before the court in family matters, but a person who represents themselves has to follow the same rules of…Can I stop paying support if my ex prevents me from seeing my child?No. In Quebec, child support is a right of the child: it cannot be suspended because the other parent is not meeting their obligations. Failure to respect…Can my spouse sell the house without my consent if it is in their name?In Quebec, in a parental union, your spouse cannot sell, mortgage or rent out the family residence without your consent, even if the residence belongs to…Can text messages be used as evidence in court?In Quebec, the law allows a written document, a photograph, an audio or video recording, an object or testimony to be presented to the court. The evidence…Can we agree that there will be no child support?No. In Quebec, child support is a right that belongs to the child and not to the parents: parents therefore cannot waive it between themselves. Any…Do I have to consult the other parent on important decisions even if I have custody?Yes. In Quebec, even where one parent has sole custody, both parents have to consult each other on important decisions concerning the child, such as…Do I have to give my income information to my ex every year?Yes. In Quebec, parents have an obligation to keep each other informed of their respective financial situations, since the amount of child support depends…Do grandparents have the right to see their grandchildren?In Quebec, grandparents can ask the court to maintain personal relations with their grandchildren if they cannot reach an agreement with the parents, and…Does a step-parent have any rights over their spouse's child?In Quebec, a parental union requires a child common to both spouses: a blended family where each parent has children from a previous relationship, with no…Does the house I owned before meeting my spouse get divided?In Quebec, the value of a parental union patrimony asset that you already owned before the union began is deducted from the division, as is the increase…Does the parental union change anything about my children's custody and support?No. In Quebec, the parental union creates rights and obligations between the spouses themselves, and not between the parents and the children: it has no…How do you get child support changed?In Quebec, a significant change in circumstances is required to change child support, such as a job loss, a change in income or a change in custody time.…How do you withdraw from the parental union patrimony?In Quebec, withdrawing from the rules of the parental union patrimony has to be a joint decision by both spouses and has to be made before a notary. There…How does the court decide child custody in Quebec?In Quebec, every decision concerning a child must be made in the child's interest and in respect of the child's rights. The court considers the child's…How is child support calculated in Quebec?In Quebec, child support is calculated from each parent's income, the number of children, each parent's custody time and, in certain cases, the child's…How is the payment made when the parental union patrimony is divided?In Quebec, the divisible value of the parental union patrimony is generally divided into equal shares between the spouses, unless that division would…How long does the judge take to render a decision?In Quebec, the judge can render a decision immediately at the end of the hearing or take the matter under advisement. Where the matter is taken under…How many hours of family mediation are free in Quebec?In Quebec, the family mediation program of the ministère de la Justice (Quebec's justice department) covers 5 hours of mediation for separating couples…If I die without a will does my de facto spouse inherit?In Quebec, a de facto spouse who is not in a parental union does not inherit where there is no will. If you are in a parental union, your spouse is…In shared custody is there still child support?Yes. In Quebec, shared custody does not eliminate child support: the parent with the higher income generally pays support to offset the gap between the…Is child support taxable in Quebec?No. In Quebec, child support is not deductible for the parent who pays it and does not have to be reported as income by the parent who receives…Is family mediation mandatory before going to court?In Quebec, mediation itself is not mandatory, but parents who have children generally have to attend an information session on parenting and mediation…My child refuses to go to their other parent — can I keep them?In Quebec, a custodial parent who prevents the other from exercising the access rights set out in the judgment is exposed to an application for contempt…My ex is not complying with the custody judgment — what can I do?In Quebec, contempt of court proceedings serve to deter and punish a person who refuses to comply with a judgment. A person found guilty is liable to a…My ex is not paying child support — what do I do?In Quebec, where support is administered by the Programme de perception des pensions alimentaires (the support-payment collection program), a parent who…Our child was born before June 30, 2025 — are we in a parental union?No. In Quebec, the parental union applies automatically only if you become the parents of a common child after June 29, 2025. Spouses whose children were…Until what age do you have to pay child support?In Quebec, child support does not stop automatically at 18: it remains payable as long as the child is unable to support themselves, for example because…What are my rights as a parent dealing with the DPJ?In Quebec, a parent involved in an intervention by the Directeur de la protection de la jeunesse (DPJ, youth protection) has the right to be consulted and…What are the grounds for divorce in Quebec?In Canada, the only ground for divorce is breakdown of the marriage, which is established in one of three ways: separation for at least one year,…What are the steps to get a custody judgment when you were not married?In Quebec, de facto spouses with children obtain a judgment on custody and support by filing a written application at the courthouse, together with a…What do I have to prove in court in family law?In Quebec, in civil and family matters, the person who asks the court for something has to prove it on the balance of probabilities: the judge has to be…What happens to our property if we are neither married nor in a parental union?In Quebec, de facto spouses who are not in a parental union share nothing automatically: each item of property belongs to the person who bought it. If…What happens when the DPJ receives a report?In Quebec, the Directeur de la protection de la jeunesse (DPJ, youth protection) first analyzes the report to decide whether to retain it. If it is…What is a parental union in Quebec?In Quebec, the parental union is a legal regime that applies automatically to de facto spouses who become the parents of a common child, by birth or…What is included in the parental union patrimony?In Quebec, the parental union patrimony covers three categories of property: the residences where the family lives, the furniture in those residences that…What is the difference between a voluntary measures agreement and going to court with the DPJ?In Quebec, a voluntary measures agreement assumes that the parents and the child agree with the finding of the Directeur de la protection de la jeunesse…When does a parental union end?In Quebec, a parental union ends for three reasons only: the spouses' separation, the death of one of them, or the spouses marrying each other or one of…
Housing (TAL) 43
Can a landlord refuse to rent to me because i have children?No. In Quebec, discrimination in housing is prohibited, in particular on the basis of civil status, pregnancy, ethnic origin, disability, age or social…Can a landlord run a credit check before renting to me?In Quebec, a landlord may check a prospective tenant's ability to pay, but cannot use it as a pretext to discriminate, or require a deposit or a guarantor…Can i refuse a rent increase?Yes. In Quebec, a tenant may refuse the proposed increase and stay in the dwelling: they must reply to the landlord in writing within one month of…Can i stop paying rent if my dwelling is in bad condition?No, not on your own initiative. In Quebec, stopping rent payments exposes you to an application to cancel the lease; instead, the tenant should ask the…Can my landlord ask for a security deposit?No. In Quebec, it is illegal to require any sum of money other than the rent, whether it is a security deposit, a deposit for the keys, for furniture or…Can my landlord enter my home without warning?No. In Quebec, the landlord must give 24 hours' notice before entering the dwelling, the visit must take place between 9 a.m. and 9 p.m., and the tenant…Can my landlord forbid me from having a cat or a dog?Yes. In Quebec, a clear clause of the lease or of the building's rules prohibiting animals is valid, apart from exceptions such as a service dog or a…Can my landlord limit the number of people in my dwelling?In Quebec, a landlord may limit the number of occupants of a dwelling where that limit is reasonable and takes into account the size and the sanitary…Can my landlord repossess my dwelling to live in it?Yes, subject to conditions. In Quebec, a landlord may repossess the dwelling to live in it themselves, to house their parents or their children, another…Do i have 10 days to cancel a lease i just signed?No. In Quebec, there is no cooling-off period allowing you to cancel a residential lease after signing it: the lease binds the tenant as soon as it is…How do i file an application with the tribunal administratif du logement?In Quebec, an application to the Tribunal administratif du logement (TAL, Quebec's rental board) can be filed online, by mail or in person, with payment…How do i know if a rent increase is too high?In Quebec, there is no single cap: the Tribunal administratif du logement (TAL, Quebec's rental board) calculates the increase from the actual changes in…How long do i have to reply to a notice of rent increase?In Quebec, a tenant has one month from the receipt of the notice to reply. With no reply within that time, the law treats the tenant as having accepted…How much does it cost to file an application with the tal?In Quebec, the filing fees at the Tribunal administratif du logement (TAL, Quebec's rental board) vary with the nature of the application and, for some…How much money do i get if i am evicted from my dwelling?In Quebec, in the case of an eviction, the landlord must pay reasonable moving expenses plus an indemnity of one month's rent per year of uninterrupted…How much notice is required for a repossession of a dwelling?In Quebec, the notice of repossession must be given 6 months before the end of the lease if the lease runs for more than 6 months, 1 month before the end…I am 68 can my landlord make me leave?In Quebec, a landlord may neither repossess the dwelling nor evict a tenant if that tenant or their spouse is 65 or older, has occupied the dwelling for…I am a victim of domestic violence how do i end my lease?In Quebec, a person whose safety, or that of a child living with them, is threatened by conjugal or sexual violence may cancel their lease. The…I am moving to a chsld or i got low-rental housing can i cancel my lease?Yes. In Quebec, a tenant may cancel their lease if they are allocated low-rental housing, if they can no longer occupy the dwelling because of a…I cannot attend my hearing at the tal what should i do?In Quebec, you must notify the Tribunal administratif du logement (TAL, Quebec's rental board) as early as possible and explain the reason for your…I do not have a written lease do i have any rights?Yes. In Quebec, a verbal lease is a real lease and gives the same rights. The landlord must in fact give the tenant, within 10 days of the verbal lease…I paid my rent late can my landlord put me out?In Quebec, a landlord may ask the Tribunal administratif du logement (TAL, Quebec's rental board) to cancel the lease and evict the tenant when the rent…I want to leave at the end of my lease what notice do i have to give?In Quebec, a tenant who does not want to renew must send a written notice of non-renewal: 3 to 6 months before the end of a lease of 12 months or more, 1…I want to leave before the end of my lease how do i do it?In Quebec, there is no general right to cancel a residential lease by giving three months' notice. The real options are a written agreement with the…If i refuse the rent increase do i have to move out?No, in the vast majority of cases: in Quebec, a tenant who refuses the increase keeps the dwelling, and it is up to the landlord to ask the Tribunal…My apartment is not warm enough what is the minimum temperature?In Quebec, no law sets a date on which heating must start, but it is generally accepted that in winter the indoor temperature of a dwelling should reach…My landlord did not send a notice of rent increase does the lease renew?Yes. In Quebec, if the landlord does not send a notice of increase or of modification within the time limits, the lease is automatically renewed on the…My landlord is claiming damages at the end of the lease what do i do?In Quebec, the tenant must return the dwelling in the condition in which they received it, but is not responsible for normal wear and tear or for…My landlord is not doing the repairs what can i do?In Quebec, the tenant must first notify the landlord in writing; if the repairs are urgent and necessary and the landlord does not act in due course, the…My landlord refuses the lease assignment what happens?In Quebec, since February 21, 2024, if a landlord refuses a lease assignment without serious cause, the assignment does not go through but the lease ends…My landlord repossessed my dwelling then re-rented it what can i do?In Quebec, a tenant may ask the Tribunal administratif du logement (TAL, Quebec's rental board) for damages if the repossession or the eviction was not…My landlord sold the building does my lease continue?Yes. In Quebec, the lease follows the dwelling: the new owner must respect it as though they had signed it themselves, and the tenant keeps their right to…My landlord wants to do major work what are my rights?In Quebec, the landlord must give 10 days' notice before starting major work, and at least 3 months' notice if the tenant has to move out temporarily for…My landlord wants to evict me to enlarge or subdivide the dwelling is that allowed in 2026?No, apart from exceptions. Since June 6, 2024, a three-year moratorium in Quebec prohibits evictions for the subdivision, substantial enlargement or…My landlord wants to show my apartment do i have to agree?In Quebec, the tenant must allow a prospective buyer or a prospective tenant to visit the dwelling, but only with 24 hours' notice, between 9 a.m. and 9…My roommate moved out do i have to pay the whole rent?In Quebec, it depends on the lease: solidarity between roommates is not presumed. Without a solidarity clause, each person answers only for their own…There are bed bugs who has to pay the exterminator?In Quebec, it is up to the landlord to provide a dwelling in a good state of habitability and therefore to cover extermination; for their part, the tenant…There is mould in my dwelling what are my remedies?In Quebec, the landlord must deliver and maintain a dwelling in a good state of habitability; where there is mould or dampness, the tenant may ask the…What is section g of the lease and what is it for?In Quebec, section G of the lease is the mandatory notice in which the landlord must tell a new tenant the lowest rent paid in the 12 months preceding the…What is the difference between assigning a lease and subletting?In Quebec, a lease assignment transfers the lease to another person and releases the tenant for the future, whereas a sublet is temporary and leaves the…When must my landlord send me the notice of rent increase?In Quebec, the notice must be sent 3 to 6 months before the end of the lease if the lease is 12 months or more, 1 to 2 months if the lease is less than 12…Who has to repaint the dwelling the tenant or the landlord?In Quebec, minor routine maintenance repairs, such as paint touch-ups and filling small holes, are normally the tenant's responsibility; the landlord…Why can't i contest a rent increase in a new building?In Quebec, when the dwelling is in a building built, or whose use was changed, 5 years ago or less, neither the tenant nor the landlord can ask the…
Work (CNESST) 41
After how many hours do i get paid overtime?In Quebec, the standard work week is 40 hours. Hours worked beyond 40 in a week must be paid with a 50% premium on the usual hourly rate (ss. 52 and 55 of…Am i entitled to a paid 30 minute break?In Quebec, an unpaid 30-minute meal period is mandatory after 5 consecutive hours of work. It must be paid if the employee is not allowed to leave their…Can i refuse to do dangerous work?In Quebec, a person has the right to refuse to perform work if they have reasonable grounds to believe that performing it would expose them to a danger to…Can my employer choose my vacation dates?In Quebec, the choice of the vacation period belongs to the employer, but the employer must tell the employee the date of their annual leave at least 4…Can my employer deduct money from my pay?In Quebec, an employer may make a deduction from wages only if it is provided for by an Act, a regulation, a collective agreement, a decree or a…Can my employer fire me because i was on sick leave?In Quebec, an employer is prohibited from dismissing, suspending, transferring or penalizing an employee because they exercised a right provided for by…Can my employer keep part of my tips?In Quebec, a tip paid by a customer belongs to the employee who provided the service and cannot be mixed in with wages. An employer who receives it must…Can my employer refuse to hire me because of my age or my religion?In Quebec, the Charter of human rights and freedoms prohibits discrimination based on 14 grounds, including age, religion, sex, pregnancy, ethnic or…Can my employer stagger my hours over several weeks to avoid overtime?In Quebec, an employer may stagger working hours on a basis other than the week by written agreement with the employee, provided the staggering covers no…Do i get paid for training and travel time?In Quebec, an employee is deemed to be at work — and therefore paid — during time spent on travel required by the employer, during any trial period or…Do i get paid sick days in quebec?In Quebec, an employee with 3 months of uninterrupted service is entitled to 2 paid days a year among their absences for illness, organ donation, an…Do i have the right to refuse overtime?In Quebec, an employee may refuse to work more than 2 hours beyond their regular daily hours, or more than 14 hours in any 24-hour period — whichever…Do i have to give two weeks notice if i quit?In Quebec, the law does not impose a two-week notice period when you resign. The Civil Code of Québec requires “reasonable” notice of termination, which…Do i have to pay for my work uniform?In Quebec, an employer who requires a specific garment must provide it free of charge to an employee paid at the minimum wage, and no deduction connected…Do the labour standards apply if i am a manager?In Quebec, senior managerial personnel are excluded from most labour standards, but not from all of them. Certain provisions continue to apply, in…Does my employer have to give me a reference letter?In Quebec, an employer is not required to provide a letter of recommendation. However, if the employee asks for one, the employer must give them a…Does my employer have to have a harassment policy?In Quebec, every employer must prevent psychological harassment and, where such conduct is brought to its attention, take reasonable steps to put a stop…Does my non-compete clause apply if i am dismissed?In Quebec, an employer cannot rely on a non-competition clause if it terminated the contract without a serious reason, or if the employer itself gave the…How do i contest a cnesst decision in health and safety?In Quebec, a CNESST decision in occupational health and safety matters can be the subject of an application for review within 30 days of being notified…How long are maternity leave and parental leave in quebec?In Quebec, the Act respecting labour standards provides for a maternity leave of not more than 18 continuous weeks, a paternity leave — or leave for the…How long can i be off sick without losing my job?In Quebec, an employee may be absent from work because of illness, an organ or tissue donation, an accident, domestic violence or sexual violence for a…How long do i have to file a complaint with the cnesst?In Quebec, the time limit depends on the type of complaint: 45 days for a prohibited practice or for a dismissal without good and sufficient cause, 90…How long do i have to file a workplace harassment complaint?In Quebec, any complaint about psychological harassment must be filed with the CNESST (Quebec's labour standards, health and safety board) within 2 years…How many days of leave do i get for a death in my family?In Quebec, the death or funeral of a spouse, a child, the spouse's child, a father, a mother, a brother or a sister gives the right to 5 days of absence,…How many weeks notice must my employer give me before dismissing me?In Quebec, the written notice of termination of employment is 1 week for less than one year of uninterrupted service, 2 weeks from 1 to 5 years, 4 weeks…How many weeks of vacation am i entitled to after 3 years?In Quebec, a person with 3 years of uninterrupted service at the end of the reference year is entitled to 3 continuous weeks of vacation, with an…How much rest am i entitled to between work weeks?In Quebec, every employee is entitled to a weekly rest period of at least 32 consecutive hours (s. 78 of the Act respecting labour…How often does my employer have to pay me?In Quebec, wages must be paid at regular intervals that cannot exceed 16 days, or one month in the case of managers and certain people covered by a…I am pregnant and my job is dangerous what can i do?In Quebec, a pregnant or breastfeeding worker can ask to be reassigned to duties that involve no danger, on presenting a certificate issued by the…I had a work accident how long do i have to file a claim?In Quebec, a claim to the CNESST (Quebec's labour standards, health and safety board) for an industrial accident must be filed within 6 months of the…I was dismissed after one year of service what can i do?In Quebec, a complaint for dismissal without good and sufficient cause requires 2 years of uninterrupted service. With less than 2 years, two other…I was dismissed can i contest it?In Quebec, an employee with 2 years of uninterrupted service with the same business who believes they were dismissed without good and sufficient cause can…My employer cut my salary in half is that constructive dismissal?In Quebec law, there is constructive dismissal where the employer unilaterally and substantially changes an essential condition of the employment contract…My employer did not pay my hours what can i do?In Quebec, an employee who has not received the wages, overtime, vacation pay or statutory holiday pay owed to them can file a monetary complaint with the…My employer went bankrupt will i get paid?In Canada, the Wage Earner Protection Program (WEPP) lets you claim unpaid wages when your employer is bankrupt or subject to a receivership. The maximum…What age can you start working in quebec?In Quebec, the general minimum age to work has been 14 since June 1, 2023. Below 14, work is allowed only in the exceptional cases provided for by law,…What are the paid statutory holidays in quebec?In Quebec, the Act respecting labour standards provides for 7 statutory holidays that are non-working days with pay (s. 60), to which is added the Fête…What counts as psychological harassment at work?In Quebec, psychological harassment is vexatious behaviour that takes the form of repeated conduct, words, actions or gestures that are hostile or…What is the minimum wage in quebec in 2026?In Quebec, the general minimum wage rate has been $16.60 an hour since May 1, 2026. The rate that applies to employees who receive tips is $13.30 an…What is uninterrupted service and how is it calculated?In Quebec, uninterrupted service is the uninterrupted period during which the employee is bound to the employer by a contract of employment, even if the…When should i receive my final pay and my record of employment?In Quebec, the wages owed at the end of the employment are paid according to the employer's usual pay cycle. The record of employment, for its part, is a…
Small claims 45
Are there free training sessions to prepare for small claims?Yes. In Quebec, the Centres Info Justice offer free information sessions on small claims, in person at certain courthouses and in a virtual format on the…Can I appeal a small claims judgment?No. In Quebec, a judgment rendered by the Small Claims Division is final and without appeal. The only recourse available is revocation of judgment, and…Can I claim child support in small claims?No. In Quebec, applications for child support are not admissible in the Small Claims Division: the Superior Court has exclusive jurisdiction over those…Can I claim interest on top of the amount?Yes. In Quebec, an applicant can add interest to the amount claimed, calculated at the rate agreed between the parties or, failing that, at the legal rate…Can I find out what the debtor owns before seizing?Yes. In Quebec, a judgment creditor can examine the debtor about the property they own and their sources of income, by means of a summons to appear for an…Can I have a lawyer in small claims court?No. In Quebec, a lawyer cannot represent a party before the Small Claims Division of the Court of Quebec (art. 542 of the Code of Civil Procedure). You…Can I split my claim to stay under $15,000?No. In Quebec, it is prohibited to split a debt or a claim into several cases of $15,000 or less in order to stay under the small claims limit. A claim…Can I sue a city or the government in small claims?In Quebec, you can sue the Gouvernement du Québec in the Small Claims Division, but not the Government of Canada. Against a municipality, the time limit…Can I sue back the person who is suing me?Yes. In Quebec, a small claims defendant can bring a counterclaim (demande reconventionnelle) — that is, contest the claim while suing the applicant in…Can I sue for defamation in small claims?No. In Quebec, defamation lawsuits are not admissible in the Small Claims Division, whatever the amount…Can I sue my landlord in small claims?In Quebec, the Small Claims Division does not hear applications relating to a residential lease: the Tribunal administratif du logement has exclusive…Can my business sue in small claims court?In Quebec, a legal person, a partnership or an association may file a small claims application only if it had no more than 10 people in its employ during…Can someone help me fill out the form for free?Yes. In Quebec, a clerk can check your small claims application form free of charge during a telephone interview of about 20 to 25 minutes, by…Can you get a judgment without a hearing?Yes. In Quebec, a small claims judgment can be rendered on the face of the record, without a hearing, if both parties consent using the Consent to…Do I have to pay my witness in small claims?In Quebec, a person called as a witness before the Small Claims Division generally testifies without being paid, unless the court decides otherwise. The…Do I have to send the formal notice by registered mail?In Quebec, the government says to send the original of the formal notice (mise en demeure) by registered mail and to keep a copy of the letter as well as…Does small claims mediation cost anything?No. In Quebec, mediation in small claims is free: the Ministère de la Justice covers the mediator’s fees for a maximum of 3…How do I bring a witness to small claims?In Quebec, if you believe a witness will not come to the hearing on their own, you must tell the clerk using the List of Witnesses to Be Summoned by the…How do I file a small claims application online?In Quebec, the Small Claims Application form (SJ-870E) does not exist as a PDF: it has to be filled out online. The application is legally filed once the…How do I find a business's real legal name to sue it?In Quebec, you check a business’s official name in the enterprise register: a business may not be registered under the same name as the one on its sign,…How do I garnish the wages of someone who isn't paying me?In Quebec, to seize the income of a debtor after a small claims judgment, you have to fill out the Small Claims Notice of Execution (SJ-1103). It is the…How do I get a copy of the small claims judgment?In Quebec, consulting a small claims judgment is free: you can do it at the small claims court office of a courthouse, or online in SOQUIJ’s decision…How long after the hearing will I get the judgment?In Quebec, the small claims judge can render judgment orally on the spot, or take the case under advisement and render it in writing within a maximum of 4…How long do I have to sue someone who owes me money?In Quebec, the general limitation period for bringing a personal action is 3 years (art. 2925 of the Civil Code of Québec), but depending on the nature of…How long does the person have to pay me after the judgment?In Quebec, the debtor has 30 days from the date of the judgment to send the amounts owed to their creditor. That period is reduced to 10 days where they…How much can I claim in small claims court?In Quebec, the maximum amount that can be claimed before the Small Claims Division of the Court of Quebec is $15,000, not counting interest. Interest, the…How much can be garnished from a salary in Quebec?In Quebec, a portion of income is exempt from seizure depending on the number of dependants; on what remains, the employer can be required to withhold up…How much does it cost to file a small claims application?In Quebec, the court fees for filing a small claims application vary with the amount claimed: for an individual, $121 ($0.01 to $5,000), $223 ($5,000.01…I bought a debt can I claim it in small claims?No. In Quebec, the Small Claims Division does not hear applications brought by a person, a business or an association that has acquired someone else’s…I can't be there on the day of the hearing what do I do?In Quebec, a party who expects not to be able to attend the hearing can ask for a postponement by contacting the courthouse. A first request made at least…I got a default judgment can I have it cancelled?In Quebec, a party condemned by default can apply for revocation of the judgment if, for a valid reason, they were unable to contest within the time limit…I received a small claims application how long do I have to respond?In Quebec, the defendant has 20 days from receiving the application to state their answer. After that time, a default judgment can be rendered as early as…I'm being sued in the Court of Quebec can it be transferred to small claims?In Quebec, a defendant sued in the Civil Division of the Court of Quebec or before a municipal court can ask to have the case transferred to the Small…Is a formal notice mandatory before small claims?In Quebec, the government recommends sending a formal notice (mise en demeure) before filing a small claims application, and in certain cases it is…Is mediation mandatory in small claims?In Quebec, mediation is mandatory where the contested claim is $5,000 or less, not counting interest. It has applied in every judicial district since…The person isn't paying me after the judgment what do I do?In Quebec, if the debtor does not pay within the time allowed, the creditor can begin forced execution: examining the debtor about their property and…What do I have to write in a formal notice?In Quebec, a formal notice (mise en demeure) must be written as a letter and must include, among other things, the words “WITHOUT PREJUDICE” (SOUS TOUTES…What evidence can I file in small claims?In Quebec, you can file documents and objects in small claims — the formal notice, a cheque, a receipt or invoice, a contract or warranty, an appraisal, a…What happens if I don't respond to a small claims lawsuit?In Quebec, if the defendant does not contest within the 20-day period, a default judgment can be rendered against them as soon as that period expires —…What is arbitration in small claims?In Quebec, arbitration in small claims is a voluntary way of settling a case that can replace the trial: an arbitrator hears the case and renders a…What is the time limit to sue for a latent defect?In Quebec, the limitation period for a latent defect (vice caché) is 3 years, and it runs from the discovery of the defect — or, where the defect appears…What kinds of claims are accepted in small claims?In Quebec, the Small Claims Division hears, among other things, claims for debts, personal and material damage (including the non-consensual sharing of…When do I have to file my evidence in small claims?In Quebec, evidence must be filed at the courthouse within 10 days after the application is legally filed, and more can be added up to 30 days before the…Which courthouse do I have to file my application in?In Quebec, a small claims application is filed in, among other places, the district of the defendant’s domicile or last known residence, the district…Will I get my court costs back if I win?In Quebec, the small claims judgment also settles the question of costs, and generally it is the party who loses the case who has to pay them — including…
Criminal 44
Can I be compensated as the victim of a crime?Yes. In Quebec, the IVAC (Quebec's crime victims compensation program) offers financial assistance to victims of criminal offences. The time limit to file…Can I get legal aid for a criminal charge?Yes. Criminal matters are among the areas covered by legal aid in Quebec. Eligibility depends on your income, your property and your liquid assets, based…Can I have my release conditions changed?Yes. In Canada, release conditions are not set in stone: the Criminal Code provides mechanisms for having them changed by the court, in particular with…Can I represent myself in criminal court?Yes, you can represent yourself in criminal court in Canada. But the stakes are heavy — a criminal record, employment, liberty, immigration — and the…Can I travel to the United States with a criminal record?The Government of Canada warns that with a criminal record, whatever the nature and the date of the offence, entry to the United States can be refused. A…Can an employer refuse to hire me because of my criminal record?In Quebec, section 18.2 of the Charter of human rights and freedoms prohibits an employer from dismissing, refusing to hire or otherwise penalizing a…Can my name be published in the media if I am a victim?In Canada, section 486.4 of the Criminal Code allows the court to make an order banning the publication of any information that could identify a victim or…Can the police take my fingerprints if I have not been convicted?Yes. In Canada, the Identification of Criminals Act allows fingerprints and photographs to be taken as early as the charge stage, for indictable offences…Can the public see my criminal file at the courthouse?Yes. In Quebec, the plumitif is a public register: criminal and penal court files can be consulted free of charge at the registry of any courthouse, as…Can the victim withdraw the complaint?In Quebec, a victim can withdraw their complaint with the police while the investigation is ongoing, but they do not control what happens next: once…Do I have the right to a free lawyer right away when I am arrested?Yes. You have the right to speak to a lawyer without delay as soon as you are arrested or detained (section 10(b) of the Charter), and a duty counsel…Do I have to answer police questions?No. In Canada, anyone who is arrested or detained has the right to remain silent, and that right is protected by section 7 of the Canadian Charter of…Does a record suspension erase my criminal record?No. Under section 2.3 of the Criminal Records Act, a record suspension keeps the record separate from other judicial records and puts an end to the…Does a withdrawn charge or an acquittal leave a trace?An acquittal or a withdrawn charge does not create a criminal record, since there is no finding of guilt. But information can remain in police files, and…Does the police have to tell me why I am being arrested?Yes. Section 10(a) of the Canadian Charter of Rights and Freedoms provides that everyone who is arrested or detained has the right “to be informed…How do I find out if I have a criminal record?In Canada, you get a criminal record check from your local police service or from a company accredited to take fingerprints. A fingerprint-based check is…How long can a criminal case last before it is too long?In R. v. Jordan (2016), the Supreme Court of Canada set ceilings: 18 months between the laying of charges and the end of the trial in provincial court,…How long can the police hold me before I go before a judge?In Canada, section 503 of the Criminal Code provides that a person who is arrested and detained must be taken before a justice of the peace without…How long do I have to wait to apply for a pardon or a record suspension?Under section 4 of the Criminal Records Act, you have to wait 5 years after the expiration according to law of the sentence for an offence punishable on…How long does a discharge stay in the RCMP file?The Criminal Records Act provides for automatic removal: an absolute discharge is removed from the RCMP file one year after the order, and a conditional…How long does the police have to lay charges against me?In Canada, there is no limitation period for indictable offences: charges can be laid years later. For offences prosecuted by summary conviction, section…How long will my criminal record last if I do not apply for a pardon?In Canada, a criminal record does not disappear on its own with time: apart from the exceptions set out in the law, a conviction stays in the National…How much does it cost to apply for a record suspension?Since January 1, 2022, the record suspension application fee charged by the Parole Board of Canada is $50. You can file the application yourself, without…I received a summons to appear, do I have to go?Yes. In Canada, failing to appear without lawful excuse when you are required to do so by a summons, an undertaking or an order is a separate offence…Is my youth record a criminal record?No. In Canada, a record opened under the Youth Criminal Justice Act is not an adult criminal record: it is subject to limited access periods, after which…What happens if I breach my conditions?In Canada, failing to comply with a condition of release is a separate criminal offence under section 145 of the Criminal Code, punishable by a maximum of…What happens if I do not show up for my court date?In Canada, failing to appear without lawful excuse is a separate criminal offence under section 145 of the Criminal Code. The court can also issue a…What is a conditional sentence served in the community?A conditional sentence of imprisonment, set out in section 742.1 of the Criminal Code, allows a sentence of less than two years to be served in the…What is a discharge and does it give you a criminal record?A discharge is set out in section 730 of the Criminal Code: the person is found guilty, but the court discharges them, and they are then “deemed not to…What is a section 810 peace bond and does it give you a criminal record?A section 810 peace bond is a recognizance to keep the peace, imposed for a maximum of twelve months by a justice of the peace who is satisfied that a…What is a victim impact statement and what is it for?A victim impact statement is a document in which the victim tells the judge what effects the crime has had on them. It is presented at the sentencing…What is disclosure of the evidence and how do I get it?Disclosure is the prosecution's obligation to give the accused person all the relevant evidence gathered by the police and the prosecutor, including…What is the alternative measures program and does it avoid a trial?In Quebec, the general alternative measures program for adults (Programme de mesures de rechange général pour adultes, PMRG) makes it possible to resolve…What is the difference between a summary conviction offence and an indictable offence?In Canada, offences punishable on summary conviction are the least serious and are subject to a twelve-month limitation period under section 786(2) of the…What is the difference between an absolute discharge and a conditional discharge?An absolute discharge takes effect immediately, with no obligations to comply with. A conditional discharge comes with a probation order, and the person…What is the difference between probation and a section 810 peace bond?A probation order follows a finding of guilt or a discharge: it is part of the sentence. A section 810 peace bond is a preventive measure, imposed without…What is the first appearance and what happens there?The first appearance is the first step before the court: the judge reads out the counts, and it is the moment when court proceedings officially begin. If…What is the victim surcharge I have to pay?The victim surcharge is an amount provided for in section 737 of the Criminal Code that is added to the sentence: 30% of the fine imposed, or, where there…What shows up in my criminal record?A criminal record is the record kept by the RCMP in the National Repository of Criminal Records: it contains findings of guilt, with the date and place of…Where can I find free help when I am the victim of a crime?In Quebec, the crime victims assistance centres (CAVAC) provide information, support through the court process and psychosocial help, free of charge and…Who decides to lay criminal charges in Quebec?In Quebec, it is a criminal and penal prosecuting attorney with the Directeur des poursuites criminelles et pénales (DPCP, Quebec's prosecution service)…Who is not eligible for a record suspension?Under section 4(2) of the Criminal Records Act, two categories of people cannot apply for a record suspension: those convicted of an offence listed in…Why can the judge keep me in custody before my trial?In Canada, section 515(10) of the Criminal Code sets out three grounds for detention before trial: to ensure that you attend court, to protect the safety…Will I lose my right to own a firearm?In Canada, section 109 of the Criminal Code requires a mandatory weapons prohibition order for certain offences, in particular indictable offences…
Immigration 42
Can I apply for permanent residence on humanitarian and compassionate grounds?The Immigration and Refugee Protection Act allows the Minister to examine a foreign national's circumstances and grant them permanent resident status…Can I change employers while my extension is being processed?In Canada, permission to work while an extension is being processed requires you to keep complying with the conditions set out on your permit, other than…Can I get legal aid for my refugee claim in Quebec?In Quebec, legal aid covers immigration law, including preparing a refugee claim; eligibility depends on your financial situation according to the scales…Can I leave Canada while my extension application is being processed?In Canada, permission to work without a permit while an extension is being processed applies to a person who “has remained in Canada” after their permit…Can I make a humanitarian application while my refugee claim is being processed?The Immigration and Refugee Protection Act governs when an application based on humanitarian and compassionate considerations may be examined: it cannot…Can I send my request for review by email?No. The Ministère de l'Immigration, de la Francisation et de l'Intégration (Quebec's immigration ministry) specifies that the request for review must be…Can I sponsor my partner if we are not married?In Canada, a person can be sponsored as a common-law partner if they have been cohabiting with the sponsor in a conjugal relationship for at least one…Can I work while my refugee claim is being processed?In Canada, a work permit may be issued to a person whose refugee claim has been referred to the Refugee Protection Division and has not yet been decided,…Can I work while my restoration application is being processed?In Canada, the authorization to work without a permit while an application is being processed (s. 186(u) of the Regulations) applies to a person who…Can the Refugee Appeal Division give me more time?In Canada, the Regulations provide that the Refugee Appeal Division may extend the appeal time limits for reasons of fairness and natural justice (s.…Do I have to take the citizenship test if I am 56?In Canada, the requirements under the Citizenship Act to have adequate knowledge of an official language and knowledge of Canada apply to persons aged 18…Do I need to have filed my taxes to apply for citizenship?In Canada, the Citizenship Act requires that the person have met any applicable requirement under the Income Tax Act to file a return of income for three…Does time spent abroad with my Canadian spouse count?In Canada, s. 28 of the Immigration and Refugee Protection Act provides that days spent outside Canada accompanying a spouse or common-law partner who is…How do I prove my days of presence in Canada?In Canada, s. 28 of the Immigration and Refugee Protection Act places the burden on the permanent resident to show that they comply with the residency…How does Quebec select skilled workers for permanent immigration?In Quebec, skilled workers are selected for permanent immigration through the Programme de sélection des travailleurs qualifiés (PSTQ, the Skilled Worker…How long do I have to apply to restore my status?In Quebec, as everywhere else in Canada, an application to restore temporary resident status must be made within 90 days after the loss of status (s. 182…How long do I have to ask for a review from Quebec's immigration ministry?The Ministère de l'Immigration, de la Francisation et de l'Intégration (Quebec's immigration ministry) must receive the request for review within a…How long do I have to challenge an immigration refusal in Federal Court?In Canada, an application for leave and for judicial review must be served on the other party and then filed in the Registry of the Federal Court within…How long do I have to live in Canada before applying for citizenship?In Canada, the Citizenship Act requires that you have been physically present in Canada for at least 1,095 days during the five years immediately before…How long does the undertaking last for a dependent child I sponsor?In Quebec, for a dependent child accompanying a sponsored spouse or partner, the Gouvernement du Québec indicates that the undertaking for a child under…How long does the undertaking last when I sponsor my spouse in Quebec?In Quebec, the undertaking signed by a sponsor who sponsors their spouse, common-law partner or conjugal partner lasts three…How many days do I have to spend in Canada to keep my permanent residence?In Canada, a permanent resident must be physically present in Canada for at least 730 days in every five-year period, or fall within one of the situations…How many hours can I work on my study permit?Since November 8, 2024, an eligible international student may work off campus up to 24 hours per week without a work permit during academic sessions, and…I missed the deadline to challenge a decision can I still do something?In Canada, s. 72(2)(c) of the Immigration and Refugee Protection Act provides that a judge of the Federal Court may, for special reasons, allow an…I was refused by an embassy abroad what is my deadline to challenge it?In Canada, where the decision being challenged was made outside Canada, an application for leave and for judicial review must be served and then filed in…I went over my days outside Canada do I automatically lose my permanent residence?In Canada, s. 28 of the Immigration and Refugee Protection Act provides that an officer may disregard a breach of the residency obligation where…I work abroad for a Canadian company does that count toward my permanent residence?In Canada, s. 28 of the Immigration and Refugee Protection Act provides that days on which a permanent resident is employed on a full-time basis outside…If we separate does my sponsorship undertaking end?In Quebec, the sponsor's obligation to provide for the sponsored person's basic needs applies for the entire duration of the undertaking, and the…My CSQ was refused can I challenge the decision?In Quebec, a person whose application for selection (CSQ) or for acceptance (CAQ) has been refused may file a request for administrative review with the…My permanent resident card has expired have I lost my status?No. The Immigration and Refugee Protection Act sets out an exhaustive list of the ways permanent resident status is lost (s. 46), and an expired card is…My permit expired and I did nothing what can I do?In Canada, a visitor, worker or student who has lost their temporary resident status may apply to have it restored within 90 days after losing that status…My refugee claim was refused how long do I have to appeal?In Canada, an appeal of a Refugee Protection Division decision to the Refugee Appeal Division is started by a notice of appeal filed within 15 days after…My work permit expires soon can I keep working?In Canada, a person who filed an application to extend their work permit BEFORE the expiry date may remain in the country and keep working until a…What do I do if I do not understand a question from the Board member?In Canada, the materials prepared for refugee claimants say that if you do not understand a question from the member, you should say so and ask for it to…What do I have to repay if the person I sponsored receives social assistance?In Quebec, the sponsor must repay the amounts paid out if, during the undertaking, the sponsored person or an accompanying family member receives…What do I have to show to have my status restored?In Canada, section 182 of the Regulations provides that an officer restores status if the person shows that they met the initial requirements for their…What documents do I need to bring to my refugee hearing?In Canada, a refugee claimant should have with them at the hearing all the forms and evidence sent to the Refugee Protection Division; the member reviews…What happens on the day of my IRB hearing?In Canada, at a Refugee Protection Division hearing, the member introduces the people present, explains how the hearing will run, asks the claimant to…What is maintained status or implied status in Canada?In Canada, “maintained status” (formerly called implied status) describes the situation of a person who applied to extend their permit before it expired:…What is the difference between the notice of appeal and the appellant's record at the RAD?In Canada, a notice of appeal to the Refugee Appeal Division is filed within 15 days after receiving the written reasons, while the appellant's record —…What proves my relationship is genuine for a sponsorship?There is no single list imposed by law: a relationship is established through a body of dated, consistent documents, and for a common-law partner what has…What services can I get in Quebec while my refugee claim is being processed?In Quebec, a person who has filed a refugee claim with the federal government and lives in Quebec may have access to last-resort financial assistance if…
Evidence 45
Can I appeal a small claims judgment?No. In Quebec, a judgment of the Small Claims Division of the Court of Quebec is not subject to appeal, and neither the judgment nor the proceeding may be…Can I film or photograph someone to prove what they are doing?In Quebec, every person has a right to respect for their private life (art. 35 of the Civil Code), and appropriating or using their image or voice while…Can I get the recording of my hearing?Yes. At the Court of Quebec, the clerk is required to make an audio recording of the trial and, unless a provision states otherwise or a judge orders…Can I record a conversation between two other people?No, apart from limited exceptions: in Canada, section 184(1) of the Criminal Code makes intercepting a private communication an offence, and the exception…Can I record a conversation without telling the other person?In Canada, intercepting a private communication is a criminal offence, but section 184(2)(a) of the Criminal Code sets that offence aside for a person who…Can I record or film my hearing at the courthouse?No. JuridiQC states that you are not allowed to record the proceedings of a hearing or to take photographs, and that cell phones must be turned off before…Can I tell the judge what someone else told me?As a rule no: in Quebec, testimony covers the facts of which the person has personal knowledge (art. 2843 of the Civil Code of Quebec), and the statement…Can a witness testify in writing instead of coming to court?Yes, in Small Claims in Quebec: a written statement can replace a person's testimony, provided it is given to the court clerk at least 30 days before the…Can my text messages be used as evidence in court?Yes. In Quebec, a technology-based document such as a text message has the same legal value as a paper document where its integrity is ensured (s. 5 of…Can the court clerk give me advice?In Quebec, the court clerk may assist you in preparing a pleading or filling out a form and may inform you about how the proceeding unfolds, but cannot…Can the judge refuse evidence that I bring?Yes. In Quebec, only evidence of a fact that is relevant to the dispute is admissible (art. 2857 of the Civil Code of Quebec), and the court must, even on…Do I have the right to represent myself in court?Yes. In Quebec, any natural person may represent themselves in civil, family or criminal matters, and in the Small Claims Division of the Court of Quebec…Do I have to give my evidence to the other party before the hearing?Yes. In Quebec, the parties owe each other cooperation, in particular by informing one another of the facts and the evidence likely to promote a fair…Do I have to pay my witness to come and testify?In Quebec, a party who summons a witness other than a party must pay them in advance, by attaching the amount to the summons to appear, what is needed to…Do I have to send a formal notice before suing?For certain types of lawsuit a formal notice (mise en demeure) is mandatory, and not sending one can cost you the case (Government of Quebec); the…Do my journal or personal notes count as evidence?In Quebec, testimony is the statement by which a person relates facts of which they have personal knowledge, and as a rule it has to be given at the…Does filing my claim stop the limitation period?Yes. In Quebec, filing a judicial application before the limitation period expires creates a civil interruption, provided the application is served on the…How do I get a document from a government department, a city or a public body?In Quebec, the person in charge of access to documents at a public body must respond to a request promptly and no later than twenty days after it is…How do I get a witness to come to the hearing?In Quebec, witnesses are called by a summons to appear (subpoena) issued by a judge, by a clerk acting at the request of a party, or by a lawyer, and they…How do I get my file from my employer, my insurer or a company?In Quebec, any person carrying on an enterprise who holds personal information about someone must, at that person's request, confirm that it exists and…How do I identify and number my exhibits?In Small Claims in Quebec, each piece of evidence must be identified with the letter P followed by a number for the plaintiff (P1, P2, P3…) and the letter…How do I prepare the questions to ask my witnesses?In Quebec, questions put to a witness must relate to facts relevant to the dispute only, and must not be framed in a way that suggests the desired answer…How long do I have to sue someone in Quebec?In Quebec, an action to enforce a personal right or a movable real right for which the limitation period is not otherwise established is prescribed by…How much does it cost to file a small claims application?As of April 2, 2026, the court fees for an application to the Small Claims Division of the Court of Quebec are $121 for a natural person for a claim of…How should I dress and behave in court?JuridiQC states that you must be suitably dressed, that neat and sober attire is preferable, that headwear is not allowed in courtrooms unless it is a…How to present photos as evidence?In Quebec, a photo is material evidence that allows the judge to make their own findings (art. 2854 of the Civil Code of Quebec); to be useful, it has to…I have nothing in writing can I prove a verbal agreement?In Quebec, a juridical act may not be proved between the parties by testimony where the value in dispute exceeds $1,500 (art. 2862 of the Civil Code of…I lost the original of a document is a copy enough?In Quebec, the content of a writing must in principle be proved by producing the original or a copy that legally replaces it, but where a party cannot,…Is a screenshot accepted as evidence?A screenshot can be filed in evidence in Quebec, but it is worth exactly what its integrity is worth: the party contesting it has to show, on a balance of…Is my hearing public and can someone attend?In Quebec, civil justice administered by the courts of justice is public, and anyone may attend hearings and consult court records, except where the law…The other party admitted something in writing does that count?Yes. In Quebec, an admission is the acknowledgement of a fact that may produce legal consequences against the person who makes it (art. 2850 of the Civil…What are the time limits to claim a work injury and to challenge a decision?In Quebec, a claim to the CNESST (Quebec's labour standards, health and safety board) for an employment injury is made within six months of the injury…What does proving on a balance of probabilities mean?In civil matters in Quebec, “evidence is sufficient if it renders the existence of a fact more probable than its non-existence, unless the law requires…What happens if I do not show up for my hearing?In Small Claims in Quebec, if a party is absent at the time set for the hearing, the court may, if it does not postpone the matter, render judgment on the…What happens if the other party lies under oath?In Canada, everyone commits perjury who, with intent to mislead, makes a false statement under oath or solemn affirmation, in an affidavit, a solemn…What if my witness refuses to show up?In Quebec, every person is presumed fit to testify and may be compelled to do so (art. 276 of the Code of Civil Procedure); if a witness who was summoned…What is the time limit to file a complaint with the CNESST against my employer?In Quebec, a complaint for a prohibited practice and a complaint for dismissal without good and sufficient cause must be filed with the CNESST (Quebec's…What is the time limit to sue after an assault or violence?In Quebec, an action for compensation for bodily injury resulting from an act that could constitute a criminal offence is prescribed by 10 years from the…What is the time limit to sue for defamation in Quebec?In Quebec, an action based on injury to reputation is prescribed by one year, running from the day the defamed person became aware of it (art. 2929 of the…What should I write in a formal notice and how do I send it?The Government of Quebec indicates that a formal notice (mise en demeure) should contain the date, the recipient's contact information, the words “WITHOUT…When do I have to file my evidence with the court?In Small Claims in Quebec, evidence must be filed at the courthouse within 10 days after the application or the contestation is officially filed, and more…Where can I find free or low-cost legal help in Quebec?In Quebec, legal aid has a free component, reserved for people whose financial situation meets the thresholds set by law, and a contributory component…Who has to prove what in court?In Quebec, a person seeking to assert a right must prove the facts on which their claim is based, and a person who claims that a right is null, has been…Will the court accept my audio or video recording?In Quebec, a recording is material evidence: to have probative value, its authenticity must be separately proved (arts. 2855 and 2874 of the Civil Code of…Will the judge help me if I do not have a lawyer?In Quebec, the judge must give you certain explanations about the process and provide general guidance where needed, but cannot act as your lawyer, advise…