A Small Claims Case

S, a freelance videographer, was commissioned by a company to film and edit a number of videos for their promotion purposes. S did the work he contracted for, but was only paid a small fraction of what he was owed. After a number of failed attempts at contacting the company, S came to the Clinic in search of information on filing a claim at Small Claims Court. The Clinic helped S with the filing process, drafting the necessary documents and filling out the necessary forms, as well as helping him prepare for a meeting with the Small Claims clerk at the Superior Court. Once the claim was filed, the company contacted S, and paid him the amount owing in full.

A Tenancy Saga

John first came to the clinic in the Fall of 2005 looking for help with a tenancy problem. It was Barbara’s first day at the Clinic, too. John’s Park Ex apartment was a disaster. The cockroach problem was so bad that John could not have a coffee in the morning without a cockroach walk across the kitchen table. Water leaked from the plumbing, wind blew through the windows and, in the winter, the temperature regularly fell below 15oC.

With the help of law students and volunteer lawyers, John obtained a favourable judgement from the Régie, ordering the landlord to pay him thousands of dollars in compensation and repair the building. That decision was appealed and the parties settled out of court.

Barbara and John spent hundreds of hours with one another, putting this case together and talking about justice. As a law student, Barbara was introduced to the procedural realities of law and John had access to a wealth of legal knowledge. Through the Clinic, John was introduced to Rights Here! a law and theatre project. Inspired by his story, they performed a play about tenancy issues in Parc Ex. Though John may not have had his day in court as he dreamed, he had his date on the stage, nonetheless.

An Insurance Claim

G, a volunteer at the Mile End Community Mission food bank, was the Clinic’s first client. When he gave Geeta a copy of the office key, he told her his story. Every summer, the Mission organizes an outing to the countryside, so that children and food bank users can escape the heat and benefit from the fresh air. On that year’s trip, G seriously injured himself when he jumped off a platform while holding a so-called “Tarzan rope”. At the time, he told a lifeguard the he was afraid of jumping, but the lifeguard urged him to jump anyway. It was clear that the owners of the facilities were at fault. G permanently injured his left hand and loss the partial use of two fingers.

When the Clinic opened its doors, G had been negotiating directly with an insurance company representative. He was under the impression that he was obliged, by law, to speak with this representative and answer all of her questions. G had revealed that he was HIV positive. He suspected that the insurance company was offering him less than they would a non-infected victim because of his lower life expectancy.

The Clinic provided G with information about his rights, insurance law and his legal options so that he was able to obtain a fair settlement.

Criminal Law

A was arrested in the spring of 2007. He was refused a Legal Aid lawyer but was not told why. His bail hearing was postponed for reasons beyond his control and A was kept in prison for weeks without access to legal counsel and with no possibility of release on bail. The Legal Clinic’s first step was to obtain access to A’s court file. Next, we arranged for a new Legal Aid lawyer to meet with him. When Legal Aid failed to appoint an attorney for A, the Legal Clinic arranged for a defence attorney to take on A’s mandate so that he will be represented in his criminal proceedings.

Family Mediation and Child Custody

The majority of our female clientele are low-income or on social assistance. They are often concerned about custodial and access rights regarding their children during separation or divorce. Many of the women who come to the Clinic are surprised to learn that Quebec offers free mediation sessions to couples to help them agree on child custody and access.

Other women have questions about how to change a custody agreement that is already in place or where to turn when an unofficial custody agreement has stopped working. Women like J have wanted to know the basics of custody and access rights. They wonder whether they will be allowed to take their kids to Ontario to visit their family and whether the father’s permission is required.

Bankruptcy

In Fall 2005, B came to the Clinic needing help through his bankruptcy proceedings. His bankruptcy trustee had misplaced his file for six months and failed to carry out the terms of their bankruptcy agreement. When his file was recovered, the trustee informed B that he was responsible for any default and that he would not be able to be discharged from his bankruptcy unless he remedied any defaults immediately. Barbara accompanied B to a meeting with his trustee and provided support while B negotiated a payment plan that would allow him to be discharged from his bankruptcy while still allowing him to pay his basic living expenses.

De Facto Union Spouses in Quebec

A is a longstanding volunteer at the Mile End Mission who approached the Clinic when her de facto spouse passed away of a staff infection at a Montreal hospital. Despite having lived together for almost 25 years, A was denied access to her spouse’s medical records, bank accounts, and pension payments, since de facto union spouses are not recognized under Quebec law. Having been financially dependent on her spouse, A found she was suddenly unable to make her rent payments and provide for her basic needs. The Clinic helped A through her application process for social assistance, helped her draft an access to information request to gain access to her spouse’s medical records in order to learn more about the circumstances of his death, and put her in touch with the family law and notarial services provided by Legal Aid.

Outstanding Ticket Case

M drove through a stop sign and was sent a ticket in the mail by the Société d’assurance automobile du Québec. M did not receive the ticket since he had since moved, the SAAQ failed to process the information promptly. As such, M was unaware of the late fees accumulating on the ticket, as well as a pending date at the municipal court. He only learned of the ticket several months later, when he was pulled over and told that he would have to surrender his car and license for 30 days because of the outstanding amount, which then totalled 2000$. The Clinic was finally able to negotiate a payment plan on M’s behalf and put an end to further legal proceedings in Municipal Court.

Divorces

The clinic has helped many people understand the options available to them with respect to a divorce. For example, it has clarified procedural steps and requirements when filing a joint demand for divorce, as well as having explained the possibility of proceeding by default, when one member of the couple cannot be found or is outside of the country.