Schneider Attorneys/Avocats

MY LEASE, MY MONEY! Consider the following: you are the owner of a building and are ecstatic to have a steady revenue source without hassle. After all, what can be simpler than managing a building? Hold that thought until you read the following: Two individuals, Bill and Tom, approach you to rent a unit in your building in hopes of setting up their future company. However, since they have yet to incorporate their business, you draft the lease directly under their name.... They promptly pay the deposit, settle in, and commence their business operations. Everything is moving along smoothly until you realize that a year has passed and you haven’t received a single rental payment from Bill and Tom. In fact, your lessees never intended to pay any rent since their business plan fell through and they no longer need the commercial space. Having always acted in good faith, you proceed to contact these individuals in hopes of receiving your due, but are swiftly turned aside at every occasion. Full Article: https://www.schneiderlegal.com//07/29/mon-loyer-mon-argent/

THINK TWICE BEFORE DEFRAUDING AN ESTATE! In a Human Rights Tribunal decision titled Commission des droits de la personne et des droits de la jeunesse (Albany Duhaime) vs. Satgé, the Honorable Justice Yvan Nolet condemned a couple who took advantage of a distraught widow by funneling her assets to their own accounts. While the Late Albany Duhaime (hereinafter the Deceased) entrusted Mr. and Mrs. Satgé, his presumed friends, with the administration of his finances given his d...eclining health (he was suffering from Alzheimer’s disease), the couple acted in bad faith and ultimately stripped the Deceased of over a million dollar in assets. Justice Nolet deemed that the couple exploited the Deceased’s vulnerability, the whole in violation of article 48 of Quebec’s Charter of Human Rights and Freedom which reads as follows: Every aged person and every handicapped person has a right to protection against any form of exploitation. Such a person also has a right to the protection and security that must be provided to him by his family or the persons acting in their stead. Full Article: https://www.schneiderlegal.com//think-twice-before-defrau/

SETTLING AN ESTATE Settling an estate is not without its challenges as a liquidator must abide by his legal duties to avoid triggering his personal liability for the debts of the deceased. Thus, a liquidator must show great patience and diligence in his administration of the estate. The liquidator is usually appointed by a testamentary disposition. However, in the absence of a will, the office of liquidator devolves of right to the heirs. In turn, pursuant to article 785 of t...he Civil Code of Québec (hereinafter the C.c.Q.), the heirs may designate a liquidator by way of majority vote. The following is a succinct rundown of a liquidator’s responsibilities regarding the settlement of the estate entrusted to him. Full Article: https://www.schneiderlegal.com/2016//30/settling-an-estate/

ACTION IN PASSING OF TITLE What does it mean an action in passing of title? When a buyer pays for the immovable property, the seller transfers the ownership of the property to the buyer and thus there is a passing of title. However, what if the buyer decides not to buy the property or the seller refuses to transfer the title to the buyer?... With the sale of a property, it is not infrequent that a dispute will emerge between the parties. The action in passing of title is available to anyone who is prejudiced whether it is the buyer or seller that, following the promise to purchase or signed agreement, refuses to conclude the transaction. Therefore, as soon as the conditions of an accepted promise to purchase are satisfied in valid form, the parties contractually bind themselves to sign the deed of sale and transfer the ownership of the property. A real estate broker can also be impacted by his real estate commission in the event the transfer of title does not occur. Knowing that a promise to purchase generates contractual obligations, the failure to respect these obligations, without a valid cause, corresponds to a refusal to execute the agreement. Full Article: https://www.schneiderlegal.com//action-en-passation-de-ti/

ESTATE PLANNING 101 Death is the only guarantee in life and the final resting place for an individual. However, life continues for the family, friends, and other dependents of a deceased. Therefore, preparations are necessary to avoid complications, stress and undue hardship to the loved ones around you. Here are some recommendations which may help your succession overcome these difficult times. 1) Make sure your will is current, complete, unambiguous and equitable... Make sure your will is current, complete, unambiguous and equitable to truly represent your last wishes. It is recommended to review your will with a notary, preferably in the province of Québec, as notaries are trained to foresee issues and are in a position to recommend adjustments tailored to your situation. This is even more important in cases of blended families, or when you expect that one of your heir will disagree with your wishes. Full Article: https://www.schneiderlegal.com/20//24/estate-planning-101/

HOW TO PREPARE FOR AN APPOINTMENT WITH YOUR LAWYER Clear picture of the lawyer’s role and your expectations In order to optimize the services he will be asked to render, the lawyer likes to know exactly what is expected of him.... Prepare clear instructions for your lawyer. Questions Prepare a list of questions you want to ask your lawyer so that you can share your concerns. Chronology of events Have a detailed list of all the events related to your case, in chronological order. Make sure this list is as accurate as possible so that your lawyer can understand all the details of your case. Proof of identity Bring with you at least one proof of identity, from you or from the person (legal or natural) for whom you are acting. The Barreau du Québec requires lawyers to identify the client as follows: in the case of a natural person: name; personal or business address, if applicable; personal or business telephone number, if applicable; occupation; in the case of a legal person: name; address; telephone number; certificate of incorporation or identification number and the place of its issuance, if applicable, and the general nature of its activities.... Full Article: https://www.schneiderlegal.com//how-to-prepare-for-an-app/

WHAT IS COMPELLING POSSESSION THROUGH ACQUISITIVE PRESCRIPTION? Generally speaking, property, whether corporeal or incorporeal, is divided into immovables and movables (C.c.Q., art. 899). An essential principle which derives from property law is the prescription of immovables and movables. This concept branches out in 2 subcategories: acquisitive and extinctive prescription. ‘’Extinctive prescription is a means of extinguishing a right owing to its non-use or of pleading a ...peremptory exception to an action,’’ it mainly targets personal rights and right of action (C.c.Q., art. 2921). As an example, it would mean that a person would lose his or her right to should they exceed the delay allowed by the law to take legal action. https://www.schneiderlegal.com//what-is-compelling-posses/

SHOW ME THE MONEY! WHEN CAN I RECEIVE MY INHERITANCE? Show me the money! When can I receive my inheritance? Are you a Liquidator?... I want to accept my role as Liquidator-What do I do? How do I make an inventory and render an accounting of the assets, debts and expenses? I want to renounce my role as Liquidator-What do I do? How do I know if the Estate is Solvent? Are you an heir? Can I receive a partial or advance payment from the Estate? Payment of debts and particular legatees What do I do if the Estate is insolvent? Duties of Liquidator of an insolvent estate Payment of debts towards creditors of an insolvent estate Picture the following scenario: The last will and testament of the deceased has been read and you have received a copy of the will searches from both the Chambre des notaires and the Barreau du Québec. You learn that the deceased has appointed you as an heir to his estate. https://www.schneiderlegal.com//show-me-the-money-when-c/

5 THINGS TO KNOW ABOUT YOUR ENTITLEMENT TO YOUR SHARE OF THE ESTATE: DEBTS, CREDITOR SUPPORT, AND ADVANCE PAYMENTS Settling an estate is not without its challenges as a liquidator must abide by his legal duties to avoid triggering his personal liability for the debts of the deceased. The most important debts, creditor support, and advance payments to acquit are as follows: Debts and legatees:... If the property of the estate is sufficient to pay all the creditors and all the legatees by particular title and if provision is made to pay the claims that are the subject of proceedings, the liquidator pays the known creditors and known legatees by particular title as and when they present themselves. Examples include loans, income tax, rent, etc. The liquidator pays the ordinary public utility bills and pays the outstanding debts as and when they become due or according to the agreed terms and conditions. Examples include service providers such as: telephone, internet, electricity, credit cards, etc. Full Article: https://www.schneiderlegal.com//5-things-to-know-about-yo/

The 21 suggestions for success sits on the wall in my house . Although it is not always easy to follow, I truly believe that the 21 suggestions for success speak the truth. Let this post be an inspiration to us all to be better people to ourselves and to others.

MORAL DAMAGES FOR TROUBLES AND INCONVENIENCES GRANTED TO A LEGAL PERSON Moral damages for troubles and inconveniences granted to a legal person in the context of a landlord-tenant relationship. INTRODUCTION... It is not uncommon for courts to grant moral damages to a legal person for defamation. However, courts do not grant damages to a legal person to compensate for the troubles and inconvenience, except to compensate for the supplementary remuneration paid to its employees in the course of litigation (see Services de taxi Nord-Est (1978) inc. (Taxis Moderne) c. Dor, 2009 QCCQ 1040 (CanLII), paragraph 29). But what if the actions of the offending party are sufficiently serious? In 9004-2243 Québec inc. c. Centre sportif St-Eustache inc. et Jean-Guy Mathers, the Honourable Robert Mongeon condemns Defendants to pay Plaintiff, a legal person, moral damages in the amount of $35 000,00 for troubles and inconveniences. Full Article: https://www.schneiderlegal.com//moral-damages-for-trouble/

5 THINGS TO KNOW ABOUT WILLS, CODICIL AND AB INTESTAT Notarized will: A notarial will is executed by a notary, en minute, in the presence of a witness or, in certain cases, two witnesses (art. 716 et ss. C.C.Q.).... Holograph will: A holograph will shall be written entirely by the testator and signed by him, without the use of technical means (art. 726 C.C.Q.). Will before 2 witness: A will made in the presence of witnesses is written by the testator or by a third person. The testator then declares in the presence of two witnesses of full age that the document he is presenting is his will. He need not divulge its contents. He signs it at the end or, if he has already signed it, acknowledges his signature; he may also cause a third person to sign it for him in his presence and according to his instructions (art. 727 et ss. C.C.Q.). Codicil: A codicil refers to provisions amending an earlier will or containing clarifications or new provisions that were not in the original deed. The codicil is subject to the same formalities as the will. It can also appear as one of three types: Notarized codicil Holograph codicil Codicil in presence of 2 witnesse Full Article: https://www.schneiderlegal.com//5-things-to-know-about-wi/

My friend and wrestler, Noel Tremblay approached me over a year ago to tell me that my son, Brody Schneider should do wrestling. I asked him what type of class and environnement and based on his answers, I told him flat out that he was crazy. I told him that my son is special needs, will not listen, cannot follow proper instructions and will not remember wrestling moves like other neurotypical kids.... Noel did not take no for answer and I was prepared for a complete failure. During the first couple of classes, Brody did struggle but we endured the highs and lows and determine to venture forward. I am proud to state that Brody can do many different movements as a wrestler that as a proud father I never thought were possible. Whether it be front bridge, back bridge, front rolls, skipping on one foot, half Nelson or full Nelson moves or simply wrestling against other wrestlers, he does his best and for that, I am so proud of Brody no matter the outcome. Are there challenges: yes Is it difficult: yes Does Brody always like it: no Isn’t that they way we live life: we struggle through determined to accomplish the task and see it until the end even though it is daunting, difficult and not always enjoyable all the time? Thank you Noel and much love to my son who has taught me more about life and challenges in life than I ever knew would be possible! Those of you out there should all look in the mirror and be proud of what you have accomplished whether it be in your professional life, with your family or with your loved ones!