Test your legal knowledge

01. I can stop paying child support when my child is 18 years old.

False – You have to continue to pay child support until the child is financially autonomous or should be. As well, you require a Court order to cancel the collection of support payments.

02. I cannot introduce divorce proceedings unless I’ve been separated for at least a year.

False – Divorce proceedings can be introduced upon separation.

03. If I have been with my common law partner for more than 5 years, in the event of his/her death, all assets are mine to inherit.

False – You are not entitled to any of your common law partner’s assets without being so named in his/her will. Quebec law does not protect common law partners in the event of the death of their spouse.

04. I can’t have a liquidator changed if he was named in the will.

False – A liquidator can be replaced by judgment of the Superior Court if he or she is unable to fulfill his functions or neglects to do so in an appropriate manner.

05. I can obtain spousal support even if my spouse doesn’t declare his/her income.

True – If your spouse’s means do not correspond with his/her income, a declaration of proof can be made according to lifestyle and can be based thereupon.

06. I do not need a mandate in case of inaptitude because I only have 1 child to act on my behalf.

False – In fact, not having a mandate in case of inaptitude only complicates the case for loved ones who have to nonetheless petition the Court for a regime to be put into place.

07. A parent can claim support from an adult child.

True – If the means and the needs justify such a claim, support can be claimed from ascendants and descendants.

08. I have less chance of obtaining custody of my child because I am a man.

False – The awarding of child custody is not gender related.

09. I am not allowed to record someone over the phone without their knowledge and then try to introduce it as proof in Court.

False – According to case law, only one of the parties to the conversation must be aware of the recording. Furthermore, proof is admitted as long as it doesn’t deconsider the administration of justice.

10. I can represent my company in a civil suit.

False – All legal persons, including companies, must be represented by attorneys before the Court except for cases before the Court of Quebec - Small Claims Division

11. If I don’t have a will, the government will take over my property.

False – In the absence of a will, the Quebec Civil Code dictates who your successors are and in what proportion.

12. In Quebec, I can get a prenup agreement before I get married.

False – In Quebec, you can have a marriage contract which is not the equivalent of a prenup as they have for instance in the United States. In Quebec, you can choose a matrimonial regime which is available to you as pertains to the law. Certain restrictions apply.

13. I can fix a latent defect on my property and then sue the person I purchased the property from.

True - If I have reported the defect in writing to the seller and have given them the opportunity to see the situation and resolve it himself.

14. The director of a company is not personally liable for the salaries of its employees.

False - If the company does not pay the employees' salaries, the director may be held liable for up to 6 months' salary.

15. A judgment against a corporation may be enforced against the personal property of its shareholders.

False - The company is a legal entity separate from its shareholders and has assets separate from them.