Bonds between the training and workplace requirements. Inclusion of essential skills developed throughout the training. Introduction of ethical rules related to the practice of the profession. Oral and written communication skills. Reports outlining observations and the work situation analysis in the legal community. Self-assessment process of the work carried out and behaviour in the workplace. Ethical behaviour when dealing with various parties from the legal community. The professional’s assessment of the paralegal regarding the ability, the work and behaviour demonstrated during the internship.
- Notarial Procedures and Law
Authentic certificates, semi-authentic certificates and certificates under private writing. Parties to the act. Special formalities. Registry office (role and functions). Publication (effects and modalities). Properties registration. Registrations cancellation of various registries. Types of notarial procedures. Conducting a search. The will. The mandate in case of incapacity. The power of attorney. Opening of a succession. Probating of wills and letters of verification. Means to challenge acts. Accounting. Document appointing the testamentary executor. Renunciation from the testamentary executor. The opening and inventory of the safety-deposit box. Procedure for the sale of the property of others. Report and distribution of the sale proceeds. Sale under justicial order. Marriage and common-law union contract. Information to collect upon a property sale. Calculation of the transfer tax, taxes and other accounts on a pro rata basis. The property sale contract. Easements. Cadastral description. Mortgage deed. Deed of easement. Documents registration at the appropriate registries. Registration costs at the registry. Invoicing a client.
- Contentious Right and Practice
Formal demand. Drafting of an originating motion. Notice of legal hypothec. Address notification. Deed of complete release. Deletion of a registration at the Land register. Prior notice to exercise mortgage law. Forced surrender motion and sale under judicial order. Bill of costs. Public announcement of property sale under judicial order. General and specific sales terms and conditions under judicial order. Drafting of a certified report by bailiff. Drafting of a property sale report under judicial order. Identification of sale impact. Taking in payment. Prior notice to exercise mortgage law. The sale by the mortgagee. Possession for administrative purposes. Drafting of a legal construction hypothec. Registration at the RPMRR (Register of personal and movable real rights). Wilful neglect (private writing). Notification for the delivery of property. Motion for legal land registry.
- Administrative Procedures: Functional Approach
Public law versus Private law. Rule of law, prerogatives, privileges, immunities and privative clauses. Role of the Human Rights Commission. Regulatory powers of the enabling legislation administration. Characteristic of a quasi-judicial act or power. Act respecting administrative justice. Administrative tribunals. Jurisdictional covenants. The Tribunal administratif du Québec. Extraordinay remedies: action for cancellation, evocation, quo warranto, mandamus, habeas corpus, injunction, judicial review and declaratory order. Attributes of cities and municipalities. Possible appeal against municipal administration.
- Examination of Ownership Titles
Drafting of a cadastral description. Drafting of an easement provision. Identification of the lot number and cadastre (municipal taxes or contact the municipality). Distinction between renovated lots and the original ones (part). Analysis of a deed of sale. Analysis of a mortgage instrument. Registrations analysis of the Land register. Understanding of written provisions from a land-surveyor and plans. Land register research. Drafting of chain of titles as per the research. Identification of errors in long deeds drafting. Identification of Land register service fees. Registration of a deed at the Land register. Identification of registered deeds at the RDPRM. Deeds registration at the RDPRM. Identification of RDPRM service fees. Research at the RDPRM.
- Labour Law Procedures and Legislation
Juridictions distribution with regards to the Labour law. Basic rights. The right of association. Labour Code. Accreditation. Definition of legal powers and obligations of a labour union. Negotiating process. Collective agreements. The adjudication of a grievance. Disciplinary actions. Employment contract. Act respecting labour standards. Role of the Commission des normes du travail. Penal and civil remedies. Act Respecting Occupational Health and Safety (rights and obligations). Precautionary cessation of work. Occupational health and safety committee. Act respecting industrial accidents and occupational diseases. Compensation. Penal and civil remedies.
- Federal Trade Law and International Law
Corporation federally incorporated. Legislative authority. Models of federal incorporation. Registration. Merger, sale of shares and stripping. Cheque or bill of exchange and promissory note. Shareholders rights and remedies. Bankruptcy and insolvency. Holding proposal. Consumer proposal. Private international law (conflict of laws in private international law, the actual statute, contract of employment, the assignment of a claim, procedure statute in private international law, recognition and enforcement of foreign decisions and jurisdiction of foreign authorities).
- Civil Proceedings 2: Appeal, Revocation and Decision
Drafting of requests, notices and procedures. Endorsement writing. Affidavit drafting. Surety. Accounting. Release. Enforcement of a judgment. Service of process. Assets liable to be seized. Sale of seized assets. Property execution. Seizable part of salaries, wages. The garnishment. Voluntary deposit. Attachment before judgment. False bidding sale. Garnishment suspension. Tariffs of court costs. Bill of costs. Special procedures (attachment before judgment, judicial sequestration and injunction). Procedures for the Court of Appeal related to civil purposes.
- Matrimonial Property and Estates
Matrimonial regimes. Qualification of assets in the case of a separation for each matrimonial regime. Administration of assets and liability for debts, the dissolution of the partnership of acquests regime. Separation. Community regimes. Disposition of assets. The estate. Intestate succession. Maintenance obligation. Crown rights. Nature of will. Required ability to make out a will. Will types. Limits on the freedom to make out a will. Validity terms of a will. Testamentary transactions and legatees. Types of legacies. Principle of representation in a testamentary succession. Revocation of a will or legacy. Lapse and nullity of a legacy. Evidence and probate of a will. Liquidation of succession. Debt payments and legacies by particular title. End of the liquidation. Distribution of the estate, reports, effects and distribution nullity. Gift inter vivos versus gift mortis causa. Marriage contract. Institute and object. Obligations and liabilities of a trustee. Life insurance.
- Criminal Law, Rules of Court and Evidence
Penal Law in Canada. Canadian Charter of Rights and Freedoms and Charter of Human Rights and Freedoms. Penal Law (levels of jurisdiction, fundamental principles, qualifying offence). Elements of the offence: actus reus and mens rea. General intent versus specific intent. The offence of absolute liability versus liability without fault. Counts of an indictment. Provincial laws and municipal by-laws offences (Highway safety Code, Code of Penal Procedure). Statement of offence. Defences. Criminal incapacities. Offence against the person. Offences against ownership right. Offence related to Controlled Drugs and Substances Act. Jurisdiction of courts of penal nature of first instance. Legal proceedings. Legal process. Court procedure. Decision and execution of a punishment. Penal registrar’s office. Municipal court.
- Alternative Dispute Resolution
Identification of alternative modes of dispute resolution (arbitration, negociation, out-of-court settlement conference, mediation). Arbitrator authority. Identification of the judge role and power in an out-of-court settlement conference. Identification of the mediator role. Required qualifications to become a mediator. Search for a qualified mediator as client’s needs. Family mediation. Identification of the professional and client needs through active listening. Drafting of an out-of-court settlement. Identification of the document fo write when a settlement occurs. Discontinuance writing. Legal search to prepare negotiations. Drafting of a negotiating plan. Application of negotiation techniques. Appropriate use of communication techniques.
- Legal Drafting 2
Use of email software. Implementation of an agenda. Calculation of prescription period in the agenda. Analysis of the practitioner mandate in different cases (civil, matrimonial, business.). Work to be done following the case analysis. Deadlines follow-up. Implementation of a filing system. Follow-up on the actions taken in each file. Decide the rule of court to write. Procedures, instruments and deeds organization in each file.
- Civil Proceeding 1: Court of first instance
Court of first instance. Judicial districts. Common rules applicable to all accesses to justice. Service of legal procedures. Time to appear. Management of a proceeding. Security for costs. Basic means to object. Orally defence versus in writing defence. Objection elements. Registration process of a case contested in writing. Time to appear. Production of evidence before the Court. General rules related to the decision. Bill of costs. Regulation of the court of Québec. Rules of practice in civil matters for the Montreal or Quebec district. Legal limitation periods. Procedures, application of limitation periods, conduct of proceedings, various stages of legal limitation periods and Rules of court for family situations. Choice of residence. Rules of court for undefended action. Endorsements ‘Registraton for default judgment’ and ex parte. Open a file at the registry office. Service of rules of court and drafting of the minutes. Drafting of the appearance, security for costs request and laying of information of preliminary arguments, of defence, various summons to witness and of minutes for the service of summons to witness. Creation of a bill of costs. Drafting of a judgment revocation request, of an originating motion of civil nature and of a family-related safeguard order. Reform of the Civil code of procedures.
- Provincial Trade Law
The Act respecting the legal publicity of individual enterprises, companies and body corporate. Charter of the French Language. Corporate names regulations and company registration fees. Types of businesses. Obligation to register. Canada Business Corporation Act. Interim measures. Companies Act versus Canada Business Corporation Act. Registration of the company. Declarations. Termination of a partnership. Registraire des entreprises. Corporate name. Incorporation of a business corporation. Business name reservation at the Registraire des entreprises. Share and capital stock. Private company. Company’s minutes book. Resolutions, minutes and certified extracts. Responsibility of administrators. Managerial positions. Role of the shareholders. Unanimous shareholder agreement. Administrators and shareholders meetings. Procedures and voting at the meetings. Certificates of amendment. Transactions related to capital stock. Declaration of dividend and solvency test. Update the minutes book of the company. Termination of the partnership. Not-for-profit corporation. A cooperative. Securities Act (Quebec). The Securities and other Financial Assets Transfer Act and the establishment of security entitlements. Public listing.
- Legal Drafting 1
Develop procedure according to the laws as per alleged facts. Drafting of a formal notice. Drafting of a letter sent to a client with the invoice. Drafting of a letter to a client with an outsanting account. Application of the Français au bureau. Drafting of a covering letter. Resumé preparation. Official email writing. Forward documents electronically. Fax cover sheet. Service of a document by fax. Drafting of a contract.
- Computerized Legal Research
Completion of a legal research form. Presentation of computerized legal database. Search on various computerized legal database. Search appropriate legislation. Search of doctrine. Presentation of the research result and legal reasoning.
- Human Rights and Family Law
The existence of a legal personality. Legal personality prerequisites. Attributes of the legal personality. Individualization of natural persons: name, place of residence and marital status. Legal incapacities. Distinction between marriage, civil union and common-law spouses. (Divorce Act versus Civil Code of Quebec). Matrimonial bond creation. The effects of marriage. Annulment of the marriage. Definition of the separation from bed and board. Causes of legal separation. Legal proceeding related to the separation (request, evidence, provisional measures, adjournments and reconciliation). The effects of legal separation. End of legal separation. Dissolution of marriage. Causes of divorce (Divorce Act). Effects of divorce. The formation, effects, nullity and dissolution of the civil union. Sources of parent and child relationships (filiation by blood, assisted reproduction and adoption). Evidence of the parent and child relationship. Contesting parent-child relationship. Parental authority and child protection baseline. Declaration of family residence (RDPRM). Family asset. Distinction between the safeguard order, provisional measures and final decision. Manual calculation of an alimony. Determination and partition of the family patrimony asset. The compensatory allowance.
- Legal and Obligations Basis
Obligations in general. Obligations terms and conditions. Performance of the obligation. Transmission and transfer of the obligation. Restitution of benefits. Release of the obligation. The agreement. The extracontractual liability. Exculpation from liability cases. Other obligation sources (management of the business of another, receipt of overpayment and unjust enrichment). Basics on the Consumer Protection Act. Nominate contract basics (sale, donation, lease, chartering, transportation, contract of employment, mandate, deposit, loan, guarantee deposit, rent, insurance, gaming and wagering and transaction). Heritage definition. The concept of ownership of property. Distinction between real rights and personal rights. Acquisitive prescription. Basics on co-ownership, superficies, right of usufruct and the use, the emphyteusis, easements, publication of rights, trust and administration of the property of others. Basics on mortgages and priorities. Details on scheme of collocation.
- Law Review and Methodology
Distinction between Natural Law and Positive Law. Prioritization between positive law sources. Characterization of positive law sources Distinction between legislative power, executive authority and judicature. Elections, Parliament and Government of Quebec baseline information. Distinction between a bill, annual bill and reformed legislation. Canadian Constitution. Constitution of Quebec. Procedure to pass provincial legislation. Research of the appropriate legislation as per the facts set out. Understanding of the publication, numbering and citation of the bill, annual bill and federal reformed legislations. Procedure to pass federal legislation. Elections, Parliament and federal baseline information. Distribution of legislative powers. Constitutionality of laws. Citation of Quebec and federal rulings. Courts functions and juridisction. Decision reference. Case law and doctrine research methodology. Feature of a decision and doctrine. Creation of a table of decisions and a bibliography.
- Ethics and Legal Financial Management
Distinction between codes of ethics of various legal practitioners. Understanding of rules related to codes of ethics. Application of Code of ethics to practical case studies. Application of work ethics. Definition of professional privilege. Scope of professional privilege. Drafting of a professional term (service contract). Distinction between various trust accounts held by a practitioner. Creation of accounts and updating. Prepare an invoice. Prepare a time sheet with the appropriate software. Keep an updated time sheet. Summary of tasks carried out in the accounts receivable. Tariff of court costs in effect in Quebec.
- Database and Application Software
Work environment: input screen and menu bar. Database design: tables, forms, reports. Creation of subforms. Create tables in a worksheet. Input, modification, deletion and back up of items. Data sorting. Creation and modification of reports. Printing of reports. Creation of tables, forms and subforms of legal nature with basic terminology. Users personal input. Search in an existing database.
- Word Processing 2
Analysis of work situation. Bridge (link) between training and work requirements. Insertion of references. Style and formatting. Creation and modification of tables. Mail-merge documents, envelopes and labels. Auto correction option. Electronic document protection. Creation of forms. Macrocommands. Creation of a presentation document. Tool bar and function bar ‘graphics’. Insert and place images. Documents of legal nature.
- Bilingual Legal Terminology
Learning of French and English legal terminology. Interpretation of French and English legislative documents. Comparison of French and English legislative documents. Introduction to Common Law. Summary of French and English decisions. Interpretation of French and English caselaw.
- Word Processing 1
Analysis the work situation. Bridge (link) between training and work requirements. Work environment: input screen, menu bar and tool bar. Default parameters: margins, tabs, styles, fonts, etc. Data input. Options of ‘File’ menu. Tool bar buttons. Open, save and print files. Copy, move and delete files. Editing commands: cut, copy and paste text or data. Search and replace text or data. Special features: bold, italic, colors, etc. ‘Format’ menu options. Headers and footers. Tab. Tables and forms. Spell checking.
- Introduction to Law and Legal Profession
Definition of the role of notaries, lawyers, bailiffs, clerks, stenographers, judges and legal secretaries. Information on the paralegal role in various legal environments. Tools presentation: Civil Code of Quebec, Civil Procedure Code, etc. Search in Tools table of contents. Distinction between legislative jurisdictions. Distinction between different levels of the judicial system. Information on laws and the organization of the judicial system. Legal terminology fundamentals.