Our legal team handles Quebec Administrative Law matters. Whether you need to have your situation recognized, challenge a decision, or have a claim reassessed, we are here to assist you every step of the way.

For victims of traffic accidents, you can enforce your rights under Quebec’s public automobile insurance plan. Whether the accident took place in Quebec or not, a remedy is possible.

The public compensation system for damages sustained related to traffic accidents, governed by the Automobile Insurance Act (LAA), aims to compensate Quebec residents for injuries suffered during the accident. It also covers cases of death resulting from such accidents.

Our teams of administrative lawyers can assist you throughout all stages of your claim to the SAAQ, from reporting the accident to negotiating your compensation.

Compensation can include:

• Loss of income,
• Medical costs;
• Certain expenses incurred to adapt your home and automobile;
• Other costs related to rehabilitation;
• Compensation for non-pecuniary losses;
• Educational reintegration.

Exclusions include but without limitation:

• When the injuries are caused by animals inside an automobile;
• Events linked to the maintenance of an automobile;
• When the accident occurs off of public roads and involves certain types of vehicles.

Reviewing and contesting a decision

In the event of a disagreement with a decision by the SAAQ, an application for review of the decision can be filled within the 60 days following the notification of the decision.

If you remain dissatisfied with the review officer’s decision, a contestation can be brought before the Administrative Tribunal of Quebec (TAQ), within the 60 days of the notification of the review decision to be contested.

Our aim is to defend your rights, to make your voice heard, and to facilitate your healing process. With the support and skills of our team of lawyers, you can approach your procedures within the IVAC with peace of mind and confidence.

A new compensation regime within the IVAC was established as of October 13th 2021, through the Act to assist persons who are victims of criminal offences and to facilitate their recovery (LAPVIC) and the Regulation respecting the application of the Act to assist persons who are victims of criminal offences and to facilitate their recovery.

With the entry in force of the LAPVIC, several significant changes were introduced:

1. The notion of a victim has been broadened, and the time limit for filing a request for compensation has been extended.
2. From now on, according to the LAPVIC, any natural person who, as a result of the offence committed against him or her or another person, suffers physical or psychological harm, is now considered a victim of a criminal offence.
3. Individuals who are victims or a criminal offence outside of Quebec are now eligible for the LAPVIC compensation scheme.
4. For criminal offenses committed after October 12, 2021, the maximum duration of payment of compensation, in particular for income replacement, is limited to 2 or 3 years as compared to previous legislation.

The qualification request process

To obtain the financial assistance provided by the LAPVIC, a victim of a criminal offence must submit a qualification request to the General Directorate of the IVAC. For criminal offences committed after October 12, 2021, the victim has 3 years after becoming aware of the damages suffered to file the qualification request.

The IVAC has a dedicated team to assist victims who wish to submit this request online.

Review and contestation

In the event of a disagreement with a decision made by the IVAC, a request for review can be made to the Bureau de la revision administrative (BRA) within 90 days of the receipt of the decision.

In the event of disagreement with the review, and appeal may be brought before the Administrative Tribunal of Quebec (TAQ) within 60 days following notification of the decision to be contested.

In exceptional cases, the decision of the TAQ can be contested before the Superior Court of Quebec, on an Application for Judicial Review.

We understand that the administrative process can be complex and stressful, especially when your future is a stake. This is why it is important to consult a lawyer so that he or she can put together a solid file to present to Retraite Quebec in the most effective way possible.

Eligibility conditions for a disability pension

To be eligible for a disability pension under the LRRQ, the person must;

1. Suffer from a serious and prolonged physical or mental disability as recognized by Quebec Pension Plan;
2. Be under the age of 65;
3. Have sufficiently contributed to the Quebec Pension Plan;
4. Not be entitled to an income replacement indemnity from the CNESST;
5. Not be receiving a retirement pension under the Canada Pension Plan;
6. If the disability results from a traffic accident, an income replacement indemnity can sometimes still be granted under the Quebec Pension Plan.

Here are some examples of situations in which a lawyer from our team can help you:

·You have been refused a disability pension, but think you are entitled to one.

·Your disability pension has been reduced without a clear explanation from Retraite Québec.

·You have difficulty obtaining information or documents from Retraite Québec.

·You have questions regarding your rights and obligations regarding your retirement annuities.

Review and contestation

If you disagree with a decision regarding your disability pension application, you can file an application for review of the decision by Retraite Québec.

This application must be filed within 90 days of the date at which the contested decision was sent. Once received, Retraite Québec will review your request for review and render a decision on it.

If you remain dissatisfied with the decision rendered following the review by Retraite Québec, you have 60 days to file an appeal before the Administrative Tribunal of Québec (TAQ).

Finally, in exceptional cases, a decision rendered by the Administrative Tribunal of Quebec can be contested by means of an Application for Judicial Review before the Superior Court of Québec.