Private seniors’ residence lease litigation

Private seniors’ residence lease litigation

During the lease, disagreements may arise between the tenant and their residence. The CAAP is there to help the senior or their relatives to: – give them quality information about their lease in the private seniors’ residence and about the options that are available to them; – supporting the organization of a meeting with the owner to help come to an agreement; – accompanying them to the Régie du Logement if no other solution can be found between them and the residence.

The advisors at the CAAP are here to help you !

Examples of situations :
  • An increase of rent that is deemed unreasonable
  • The quality of service received is below expectations
  • Willingness to terminate a lease, for example for health reasons
  • Respects of the rules of the residence 
The advisors at the CAAP listen to you, assist you and support/accompany you throughout YOUR whole process. You are dissatisfied with something in your lease ? You believe that your rights are not being respected ?

Requests involving medical records

Request to access your medical file

Information found on file could answer certain questions you may have regarding the care and services and can help you understand a worrying situation.

If you are 14 years old or older, you have the right:

  • To confidentiality;
  • To have access to your file as soon as possible;
  • To have your file transferred;
  • To be assisted by a professional;
  • To revise the decision in the event of refusal of access to your file.

The CAAP can assist you in preparing your request to access your file. As this generally means a copy of your whole file or a part of it, photocopying costs may be linked to your request. You can ask to be advised of the eventual costs before the documents are produced.

In the case that there is a negative response in regards to your request, you have the right to request a review at the Access to Information Commission (Commission d’accès à l’information).

Request for rectification

If, after a request to see your medical file, you observe that there is information that is incomplete, inaccurate, ambiguous and/or outdated, you may request to rectify your file; such request must be based on facts. For example, a doctor who wrote that they operated you on your right hand, when in reality it was your left hand, a date error, a medication that you no longer take, etc…

In principle, professional opinions written in your file cannot be modified. For example, the symptoms of the patient, a clinical hypothesis, an evaluation or even a medical diagnosis. However, they can be subject to a second opinion made by another professional in which the results will be written in your file. It is also possible to add notes to your file concerns inappropriate elements.

These requests must be written to the person responsible for the access of documents (commonly called “the archives”) at the facility which has your file. We can help you prepare your request. Call us!

Independent of the health and social services network

The CAAP is a community organization that is funded by the health and social services minister (Ministère de la Santé et des Services sociaux). We determine our mission, methods, practices, and priorities independently. The CAAP is a non-profit organization (NPO) governed by a Board of Directors elected by our members.

We accompany and inform our users independently of the complaints commissioners’ offices and other components of the health network. We serve the public.

The CAAP’s role in the health and social services network is recognized in sections 76.6 and 76.7 of the ARHSSS.

Excerpt from the Act respecting health services and social services (ARHSSS)

“76.6. The Minister must […] give a community organization in the region the mandate to assist and support, on request, users residing in the region who wish to address a complaint to an institution in the region […].

76.7. [The organization] shall, on request, assist a user in any step undertaken to file a complaint with an institution or agency or with the Health Services Ombudsman, and provide support to the user throughout the proceeding, including when the complaint is referred to the council of physicians, dentists and pharmacists of an institution. The community organization shall provide information on the complaints process, help the user define the subject of the complaint, draft the complaint where necessary and provide assistance and support on request to the user at each stage of the proceeding, facilitate conciliation between the user and any authority concerned and contribute, through the support so afforded, to the user’s satisfaction and the enforcement of the user’s rights.”

Source: Publications Québec

Become a member

Become a member

The CAAP is a non profit organization that relies on the voluntary support of member organizations and individuals. By supporting its mission, members help create an influential network with a common vision where people can exchange ideas and collaborate. 

You can become a CAAP member too! 

It’s free.

Benefits

  • Invitation to our annual general meeting
  • Invitation to participate in activities organized by the CAAP
  • The possibility to apply to be on the board of directors

Membership conditions

Individual member

  • Must be at least 18 years old
  • Not be under guardianship or curatorship
  • Not be found unfit by a court
  • Must be a resident of the Eastern Townships (Estrie)

Organization member

  • Must be a non-profit organization whose activities are carried out in the territory of the Eastern Townships (Estrie)
  • Have the membership approved by its board of directors
  • Appoint a representative (must meet the conditions of an individual member)

The Service Quality and Complaints Commissioner

The Service Quality and Complaints Commissioner

The office of a service quality and complaints commissioner is like a “complaints desk” at a public institution within the health and social services network.

These “complaint desks” are staffed by teams that examine the complaints they receive to ensure users’ rights are respected. The teams generally include a commissioner and assistant commissioners. There are also medical examiners who deal with complaints against physicians.

They are responsible for:

  • Receiving the complaint
  • Conducting an investigation to determine whether the complaint is founded
  • Issuing conclusions based on the results of the investigation
  • Making recommendations if they feel that measures can be put in place to improve the situation

This applies to all complaints about services at an institution, including affliated facilities.

Commissioners have a duty of impartiality. They report directly to the board of directors of the institution. The complaints commissioner is one of the most accessible and fastest means of recourse in the health and social services system!