Quebec Bar cheat sheet
Quebec Bar · Keep the key ideas within reach.
Civil procedure and evidence (Procédure civile et preuve)
Art. 2 C.p.c.: the Code of Civil Procedure governs procedure; it applies to all courts except where the law provides otherwise.
Art. 4 C.p.c.: parties must ensure proceedings are proportionate to the nature, complexity and cost of the case.
Art. 10 C.p.c.: a party may be represented by a lawyer; however, before the Court of Québec, a party may act alone or be represented by a lawyer.
Art. 20 C.p.c.: the plaintiff must have a sufficient interest; interest must be legal, personal, direct and actual.
Art. 110 C.p.c.: the defendant must respond within 15 days of service of the originating application (or 10 days for a small claim).
Art. 141 C.p.c.: a party may request the disclosure of evidence; the court may order it if relevant and proportionate.
Art. 2803 C.c.Q.: the burden of proof lies on the plaintiff; the defendant must prove facts constituting an exemption.
Art. 2846 C.c.Q.: evidence must be relevant and not obtained in violation of fundamental rights; however, the court may admit it if justice requires.
Art. 2860 C.c.Q.: testimony must be corroborated in certain cases (e.g., to prove a juridical act).
Obligations and contracts (Obligations et contrats)
Art. 1371 C.c.Q.: obligations arise from contracts, unilateral acts, and the law.
Art. 1385 C.c.Q.: a contract is formed by the exchange of consent; the contract is formed when and where acceptance is received.
Art. 1398 C.c.Q.: consent must be free and enlightened; error, fraud, fear, or lesion vitiate consent.
Art. 1400 C.c.Q.: error vitiates consent if it relates to the nature of the contract, the object, or a substantial element.
Art. 1407 C.c.Q.: a contract is null if its object is illicit or contrary to public order.
Art. 1434 C.c.Q.: a contract must be interpreted in light of its nature, circumstances, and good faith.
Art. 1493 C.c.Q.: a debtor is liable for damages for delay (mora) after being put in default, unless the obligation is of a continuing nature.
Art. 1521 C.c.Q.: a debtor may be released by performance, compensation, novation, remission, or prescription.
Art. 1594 C.c.Q.: a penalty clause is enforceable; the court may reduce it if it is abusive.
Civil liability and security interests (Responsabilité civile et sûretés)
Art. 1457 C.c.Q.: every person has a duty not to cause injury to others; fault, damage, and causation are required.
Art. 1458 C.c.Q.: a person may be liable for damage caused by a thing in his custody, unless he proves no fault.
Art. 1460 C.c.Q.: a person may be liable for damage caused by a minor or a person of full age under his authority.
Art. 1471 C.c.Q.: a person may be exempted from liability if he proves the damage resulted from superior force (force majeure).
Art. 1474 C.c.Q.: a person may be liable for damage caused by his own fault, even if it is not intentional.
Art. 2660 C.c.Q.: a security interest (hypothec) is a real right granted to secure an obligation; it must be published to be opposable to third parties.
Art. 2663 C.c.Q.: a hypothec may be conventional or legal; it may be movable or immovable.
Art. 2954 C.c.Q.: publication of a hypothec on movable property is done by registration in the register of personal and movable real rights (RDPRM).
Art. 3003 C.c.Q.: a hypothec is extinguished by the extinction of the obligation, by renunciation, or by the sale of the property under judicial authority.
Family law and successions (Droit de la famille et successions)
Art. 392 C.c.Q.: spouses are bound to respect each other and to be faithful; they owe each other help and assistance.
Art. 396 C.c.Q.: spouses may not, without the consent of the other, dispose of family property (residence, furniture) by onerous title.
Art. 414 C.c.Q.: spouses may agree on a family patrimony; the agreement must be in writing and registered.
Art. 521.1 C.c.Q.: a child has a right to be heard in matters concerning him, according to his age and maturity.
Art. 597 C.c.Q.: the court may order a parent to pay child support; the amount is determined according to the Federal Child Support Guidelines.
Art. 615 C.c.Q.: a succession opens upon death, at the last domicile of the deceased.
Art. 620 C.c.Q.: a person who dies without a will is succeeded by his legal heirs (spouse, descendants, ascendants, collaterals).
Art. 703 C.c.Q.: a will must be in writing; it may be notarial, holograph, or made in the presence of witnesses.
Art. 739 C.c.Q.: a beneficiary may accept or renounce a succession; renunciation must be registered.
Business law, commercial law and corporate law (Droit des affaires et sociétés)
Art. 2186 C.c.Q.: a partnership (société) is a contract by which two or more persons agree to carry on an activity together and to share profits.
Art. 2220 C.c.Q.: a partnership is a legal person distinct from its partners; it has its own patrimony.
Art. 2230 C.c.Q.: a partner is liable for the debts of the partnership only up to the amount of his contribution, unless he has contracted a personal obligation.
Art. 2258 C.c.Q.: a company (compagnie) is a legal person; its shareholders are not liable for its debts.
Art. 2262 C.c.Q.: a company may be incorporated by one or more persons; it must have a name, a domicile, and a capital.
Art. 2270 C.c.Q.: the directors of a company are responsible for its management; they must act in the best interest of the company.
Art. 2332 C.c.Q.: a shareholder may institute a derivative action on behalf of the company with leave of the court.
Art. 3111 C.c.Q.: the law of the place of incorporation governs the company's status and capacity.
Art. 6 of the Code of Civil Procedure: a company may be represented by a lawyer before the courts.
Labour law and administrative law (Droit du travail et droit administratif)
Art. 4 of the Labour Code: an employee may be dismissed without cause if the employer has a valid reason; however, the dismissal must not be abusive.
Art. 124 of the Labour Code: an employee with two years of continuous service may contest a dismissal if it is not for a good and sufficient reason.
Art. 5 of the Act respecting labour standards: an employer may not dismiss an employee because of a complaint or a claim under the Act.
Art. 84 of the Act respecting labour standards: the minimum wage is set by regulation; it must be paid for all hours worked.
Art. 7 of the Act respecting labour standards: an employer must give a written notice of termination (or pay in lieu) after three months of service.
Art. 9 of the Administrative Justice Act: an administrative decision must be reasoned and notified in writing to the person concerned.
Art. 33 of the Administrative Justice Act: a person may apply for judicial review of an administrative decision if it is unreasonable or procedurally unfair.
Art. 34 of the Administrative Justice Act: the court may suspend the execution of the decision pending review.
Art. 1 of the Act respecting administrative justice: administrative decisions must be made with respect for rights and in a fair manner.
Criminal law and penal law, including the Charter (Droit criminel et pénal, Charte)
Art. 7 of the Canadian Charter: everyone has the right to life, liberty and security of the person, and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Art. 8 of the Charter: everyone has the right to be secure against unreasonable search or seizure.
Art. 9 of the Charter: everyone has the right not to be arbitrarily detained or imprisoned.
Art. 10 of the Charter: everyone has the right on arrest or detention to be informed promptly of the reasons, to retain and instruct counsel, and to have the validity of the detention determined by habeas corpus.
Art. 11 of the Charter: any person charged with an offence has the right to be presumed innocent until proven guilty, to a fair and public hearing, and to the benefit of the lesser punishment.
Art. 24(2) of the Charter: evidence obtained in violation of the Charter shall be excluded if it would bring the administration of justice into disrepute.
Art. 265 of the Criminal Code: a person commits an assault when he applies force intentionally to another person without consent.
Art. 322 of the Criminal Code: theft is the fraudulent taking of property without colour of right.
Art. 348 of the Criminal Code: breaking and entering is committed when a person breaks and enters a place with intent to commit an indictable offence.
Public law, constitutional law and the Canadian Charter (Droit public et constitutionnel)
Art. 91 of the Constitution Act, 1867: the federal Parliament has jurisdiction over criminal law, trade and commerce, and other specified matters.
Art. 92 of the Constitution Act, 1867: provincial legislatures have jurisdiction over property and civil rights, administration of justice, and other local matters.
Art. 52 of the Constitution Act, 1982: the Constitution is the supreme law of Canada; any law inconsistent with it is of no force or effect.
Art. 1 of the Canadian Charter: the rights and freedoms are guaranteed subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
Art. 2 of the Charter: everyone has the fundamental freedoms of conscience, religion, expression, peaceful assembly, and association.
Art. 15 of the Charter: every individual is equal before and under the law and has the right to equal protection and benefit of the law without discrimination.
Art. 32 of the Charter: the Charter applies to the Parliament and government of Canada and to the legislature and government of each province.
Art. 33 of the Charter: Parliament or a provincial legislature may expressly declare that a law shall operate notwithstanding certain Charter provisions (sunset after five years).
Art. 35 of the Constitution Act, 1982: existing aboriginal and treaty rights are recognized and affirmed.
Professional ethics, deontology and practice management (Déontologie et pratique professionnelle)
Art. 3 of the Code of Professional Conduct of the Barreau du Québec: a lawyer must act with dignity, integrity, and honour.
Art. 4: a lawyer must avoid any conflict of interest; if a conflict arises, he must inform the parties and withdraw if necessary.
Art. 5: a lawyer must keep confidential all information obtained in the course of his professional activities.
Art. 6: a lawyer must act competently and diligently; he must keep up to date with the law and practice.
Art. 7: a lawyer must not charge excessive or unreasonable fees; fees must be justified by the services rendered.
Art. 8: a lawyer must not advertise in a misleading or deceptive manner; advertising must be in compliance with the Code.
Art. 9: a lawyer must not act for a client if he is in a position of conflict of interest, unless all parties consent after full disclosure.
Art. 10: a lawyer must maintain a trust account for client funds; trust funds must be kept separate from the lawyer's own funds.
Art. 11: a lawyer must keep client files for at least five years after the end of the mandate.
Legal ethics, professional responsibility and the Code of Professional Conduct
Rule 3.1-1 of the Code of Professional Conduct (Federation of Law Societies): a lawyer must act with integrity and in a manner that maintains the honour and dignity of the profession.
Rule 3.2-1: a lawyer must be competent to handle the matter; competence includes knowledge, skill, and diligence.
Rule 3.3-1: a lawyer must be honest and candid when advising clients.
Rule 3.4-1: a lawyer must not act in a conflict of interest; a conflict exists if there is a substantial risk that the lawyer's representation would be materially and adversely affected by the lawyer's own interests or by duties owed to another client.
Rule 3.5-1: a lawyer must not use a position of power or influence to take advantage of a client.
Rule 3.6-1: a lawyer must not engage in sexual harassment or discrimination.
Rule 3.7-1: a lawyer must not act as a witness in a matter in which he is counsel, except in limited circumstances.
Rule 5.1-1: a lawyer must not charge or accept a fee that is unfair or unreasonable.
Rule 6.1-1: a lawyer must not disclose confidential information without the client's consent, unless required by law.
Practical skills, legal writing and drafting (Rédaction et compétences pratiques)
A legal opinion must state the facts, the legal issues, the applicable law, the analysis, and a clear conclusion.
A pleading must contain a clear statement of the facts, the legal grounds, and the conclusions sought; it must be concise and precise.
A contract must include the identification of the parties, the object, the obligations, the price, the term, and the signatures.
A will must comply with formal requirements: notarial will (art. 712 C.c.Q.), holograph will (art. 726 C.c.Q.), or will in the presence of witnesses (art. 727 C.c.Q.).
Legal writing should use plain language, avoid jargon, and be structured with headings and paragraphs for readability.
Citation of case law should follow the Canadian Guide to Uniform Legal Citation (McGill Guide).
A demand letter must clearly state the facts, the legal basis, the remedy sought, and a reasonable deadline for response.
When drafting a contract, include a dispute resolution clause specifying the competent court or arbitration.
In litigation, a motion must be supported by an affidavit if the facts are contested; the affidavit must be based on personal knowledge.