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.
If you plan to take your minor child abroad on holidays this summer, be sure to plan ahead! In order to allow a minor child to travel internationally, several countries require the written consent of the parents. Also, all minor children must have their own passports. In Canada, these documents must be presented upon re-entry.
When the notice of a defect is delayed, the seller must demonstrate that the delay caused a prejudice, such as the aggravation of the defect since the time of its discovery and notice.
In his ruling in 9191-3004 Québec inc. v. Ville de Repentigny (2014 QCCS 6147) on December 16, 2014, the Hon. Clément Trudel of the Superior Court of Québec stated that transfer duties were applicable upon the sale of a property as well as upon the consensual cancellation of a sale.
Mtre Suzanne Fortin announced that she is leaving PFD Lawyers after 32 years. An expert in family law, and a partner of the firm, Mtre Fortin acquired extensive management skills over the years. She now intends to focus her career on managing businesses and organizations.
On April 18, 2015 in Lac-des-Écorces, Me Daniel Goupil will provide a conference entitled “Master your municipal files”.
On January 28, 2015, Me Eloïse Pion was elected president of the board of directors of Grands Frères et Grandes Sœurs de la Porte du Nord.