Administrative Law Lawyer
Our lawyers handle matters related to Quebec administrative law. Whether you need to have your situation recognized, reassess a claim, or contest a decision, we are ready to support you every step of the way.
Automobile Accident Compensation (SAAQ)
The public compensation system for injuries related to automobile accidents, governed by the Automobile Insurance Act (AIA), is designed to compensate Quebec residents for bodily injuries sustained in car accidents. It also covers fatalities resulting from such accidents.
Whether the accident occurred in Quebec or elsewhere, our team of administrative law lawyers can guide you through every step of your SAAQ claim, from reporting the accident to negotiating your compensation.
Compensations Include but Are Not Limited To:
- Income replacement;
- Medical expenses;
- Home and vehicle adaptations;
- Other rehabilitation-related costs;
- Lump sum compensation for non-pecuniary damages;
- School reintegration.
Exclusions Include but Are Not Limited To:
- Injuries caused by animals inside a vehicle;
- Actions related to vehicle maintenance;
- Accidents occurring off public roads involving certain types of vehicles.
Review and Contestation (SAAQ)
If you disagree with an SAAQ decision, a review request can be filed within 60 days of notification.
If dissatisfied with the review decision, the matter can be contested before the Administrative Tribunal of Quebec (TAQ) within 60 days of the notification of the contested review decision.
Compensation for Crime Victims (IVAC)
Our goal is to defend your rights, ensure you are heard, and facilitate your healing process. With the support and skills of our team of lawyers, you can confidently approach your IVAC procedures.
New Aspects of the LAPVIC
A new compensation system under IVAC was implemented starting October 13, 2021, through the Act to Assist Persons Who Are Victims of Criminal Offences and Promote Their Recovery (LAPVIC) and its application regulations.
With the LAPVIC’s implementation, several significant changes have been introduced:
- The definition of a victim has been expanded, and the timeframe for filing a compensation claim has been extended.
- Under LAPVIC, a victim is now considered any individual who suffers physical or psychological harm or material loss due to a criminal offense.
- Individuals victimized by criminal offenses abroad are now eligible for compensation under the LAPVIC.
- For offenses occurring after October 12, 2021, the maximum duration of income replacement payments is limited to 2 or 3 years compared to prior legislation.
Application Process
To qualify for financial assistance under the LAPVIC, a victim must submit an application to IVAC’s General Directorate.
For incidents after October 12, 2021, involving a criminal offense, victims have up to three years from becoming aware of their harm to file their claim.
Applications can be submitted online via IVAC’s dedicated service.
Review and Contestation (IVAC)
If you disagree with an IVAC decision, you can request a review through the Administrative Review Office (ARO) within 90 days of receiving the decision.
If dissatisfied with the review, an appeal can be filed before the Administrative Tribunal of Quebec (TAQ) within 60 days of the notification of the contested review decision.
In exceptional cases, a TAQ decision can be contested before the Superior Court of Quebec through a judicial review.
Disability Pension (Retraite Québec)
We understand that administrative procedures can be complex and stressful, especially when it involves your future. Consulting a lawyer ensures your case is well-prepared and effectively presented to Retraite Québec.
Eligibility Conditions for the Disability Pension
To qualify for a disability pension under the Quebec Pension Plan (QPP), an individual must:
- Have a severe and prolonged physical or mental disability recognized by Retraite Québec;
- Be under 65 years old;
- Have sufficiently contributed to the QPP;
- Not be eligible for income replacement benefits from CNESST;
- Not receive a pension under the Canada Pension Plan (CPP);
If the disability is due to an accident covered under the AIA, income replacement benefits can only be paid if the AIA benefits are lower than those under the QPP. In such cases, the amount payable under the QPP will be the difference between the two benefits.
Examples of When Our Lawyers Can Help:
- Your disability pension application has been denied, but you believe you are eligible.
- Your disability pension has been reduced without a clear explanation from Retraite Québec.
- You face difficulties obtaining information or documents from Retraite Québec.
- You have questions about your rights and obligations regarding the disability pension.
Review and Contestation (Retraite Québec)
If you are dissatisfied with a decision regarding your disability pension application, you can request a review by Retraite Québec.
You typically have 90 days from the date the contested decision is sent to submit your review request to Retraite Québec. Once received, Retraite Québec will examine your request and render a decision.
If you remain dissatisfied with the decision following Retraite Québec’s review, you can contest it before the Administrative Tribunal of Quebec (TAQ) within 60 days of the date the revised decision was sent.
Finally, in exceptional cases, a TAQ decision can be contested through a judicial review before the Superior Court of Quebec.
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