October 2010 Law Column
Etienne Ruel, lawyer
In a recent case, the Honourable Yvan Godin, S.C.J., had to rule on a petition filed by a 14-year-old seeking to modify his parents’ custody agreement. The teenager asked to be placed in the sole custody of his mother instead of the shared custody he had been in for the past three years.
The teenager’s mother chose not to petition the Court for sole custody in order to avoid allegations of parental alienation, and the child therefore testified in court and requested the change himself.
The law and caselaw stipulate that a minor must be represented by his/her guardian when exercising his/her access rights. Only in exceptional cases are minors authorized to seek remedy themselves.
The Court interviewed the teenager and concluded that he possessed a certain intellectual maturity, clearly understood the consequences of his legal action and demonstrated the ability to make his own decisions, since he had met with his lawyer four times and consistently expressed his wish to modify the agreement.
In light of the evidence that was presented and the singular nature of the case, the Court authorized the teenager to seek recourse himself to assert his rights and ask that custody be awarded to his mother. The Court was of the opinion that it was in the teenager’s interest to allow him to seek recourse, seeing as he was directly impacted by the custody agreement.
The decision was certainly an exceptional one. We are convinced, however, that it will become a judicial precedent for all family law practitioners who, to ensure that their clients are not falsely accused of urging their children to live with them, will now recommend that minors initiate proceedings to realize their interests.
Following the armed robbery of a merchant, the thieves fled with a bag of jewellery in a car that was later found by police. Kevin Fearon and his accomplice were arrested. During a pat down search incident to arrest, the officer found a cell phone in Fearon's pocket. Police searched the cell phone and found a text message along with photos, including one of the handgun used in the robbery. The Court was tasked with determining whether the text message and photos found in the cell phone could be introduced legally as evidence.
In Projets V.G. inc. vs. Groupe Lessard inc., the Superior Court of Québec dismissed a subcontractor's claim in the amount of $120 000 for monies owing under the contract and additional work, and confirmed the general contractor's right to terminate the contract with the subcontractor. Indeed, the Court ordered the subcontractor to pay $38 000 to the General contractor for incomplete and defective work.
The PFD team is proud to announce that Me Guillaume Chênevert
We are very pleased to announce the arrival of Me François Laplante, who joined the PFD Insurance group on July 7 and Me Marc Mancini, who joined the PFD Labour group on November 10. Both practice at our Saint-Jérôme office. Welcome!
On November 26, Me François Laplante of PFD's insurance group will lead a seminar for general contractors in the residential sector on the coming into force on January 1, 2015, of the new provisions of the Regulations respecting the guarantee plan for new residential buildings and the impacts of the changes for contractors.