STATEMENT OF FACTS

What is a bailiff's STATEMENT OF FACTS?

A bailiff's statement of facts is an official document drawn up by a bailiff that objectively and precisely describes a situation or fact observed at a given time.


The bailiff can visit the premises to take photos and videos, record measurements, or make any other necessary observations. This document often serves as evidence in court because it is drawn up by a court officer, giving it significant legal weight.


Often used before the Administrative Housing Tribunal (TAL) by tenants to demonstrate landlords' failure to carry out repairs or the unsanitary condition of the dwelling. It is also widely used by landlords to prove non-compliance with building regulations, as well as to document excessive noise and other nuisances caused by disruptive tenants.

WHAT METHOD DO WE USE?

We base our bailiff's reports on the comprehensive inquiry approach, commonly known as the "5W2H method". This rigorous method allows us to document each situation precisely and exhaustively by answering the following questions:


Who: Who is involved or concerned?


What: What happened? What is the purpose of the report?


Where: Where did the events take place?


When: On what date and at what time?


Comment: In what way did the events take place?


How much: What is the quantity, cost, or scale?


Why: What is the cause or context of the situation?


All this, not to mention the taking of photos and videos which reinforce the probative value of the findings.

SOME SITUATIONS WHERE THE OBSERVATORY IS USED

In real estate / rental matters


Landlord-tenant relations:


  • Property condition report: Inspection of the accommodation upon entry and exit to avoid any disputes;
  • Damage: Assessment of damage caused intentionally or through gross negligence;
  • Poorly maintained common areas: Check for lack of maintenance (corridors, stairs, elevators);
  • Unauthorized subletting: Presence of undeclared tenants;
  • Illegal occupation: Presence of occupants without right or title;
  • Failure to comply with the rules: Noise, prohibited animals, obstruction of common areas;
  • Abandonment of housing: Observation of an unoccupied dwelling despite an active lease;
  • Noise pollution: Loud music, shouting, frequent parties;
  • Odor nuisances: Persistent odors (animals, smoke, cooking).


Disputes related to construction and renovation:


  • Defects and hidden flaws: Construction defects (cracks, leaks, faulty insulation);
  • Non-compliant work: Failure to comply with standards (electricity, fire, accessibility);
  • Contractual breach: Abandonment of construction site, unjustified delays, defective workmanship.


Property damage and claims:


  • Water damage: Infiltration, leaks, mold;
  • Fire: Post-disaster assessment;
  • Partial collapse: Observation of structural damage.


Neighborhood disputes:


  • Noise pollution: Recurring excessive noise;
  • Odor nuisances: Strong and persistent odors;
  • Encroachment: Installation exceeding property boundaries;
  • Visual disturbances: Obstruction of sight or light (vegetation, structures).


Easements and rights of way:


  • Blocking access: Obstruction of a right of way;
  • Abusive modification: Unauthorized change or removal of an easement.


In commercial and industrial matters

Unfair competition and counterfeiting:


  • Business identity theft: Unauthorized use of a name or trademark;
  • Plagiarism: Fraudulent imitation of products or services.


Business offences:


  • Internal theft: Misappropriation of goods or equipment;
  • Breach of confidentiality: Disclosure of sensitive information.


Commercial leases:


  • Inventory of fixtures: Observation upon entry and exit of a commercial premises;
  • Breach of lease: Work not carried out, use not in accordance with the contract.


In the area of intellectual property protection


  • Prior art statement: Proof of the existence of a work (text, website, invention);
  • Finding of plagiarism or counterfeiting: Illegal copying of a logo, patent or artistic work;
  • Evidence of copyright infringement: Unauthorized use of text, photo, or music.


In the area of cyber surveillance and digital technology


  • Online defamation: Screenshots proving the publication of offensive or slanderous remarks;
  • Identity theft on the internet: Detection of fake profiles or fraudulent use of an identity;
  • Failure to comply with the general terms of use: Evidence of activity that does not comply with the terms of use of an online service.


Regarding family and inheritance


Family disputes:


  • Inventory of assets before separation: List of objects and furniture to prevent disputes;
  • Finding of non-presentation of child: Verification of a refusal to exercise a right of visitation;
  • Report of threats or violence: Statement of facts that may justify a request for protection.


Successions and inheritances:


  • Inventory of a deceased person's assets: Verification of the estate before division;
  • Damage to or disappearance of property: Report of misappropriation of objects during an inheritance.


In contractual matters


Contract execution:


  • Delivery delay: Verification of a lack of delivery despite a validated order;
  • Failure to perform a service: Proof of non-compliance with a signed contract.


Legal recourse against service providers:


  • Non-compliant work: Observation of defects in a service performed;
  • False advertising: Verification of the gap between an offer and the reality of the product or service.


In the field of transport and logistics


  • Reporting theft or loss of goods: Verification of the disappearance of goods in transit;
  • Damage report on a vehicle or cargo: Proof of an accident or improper storage.


Regarding public order disturbances


  • Illegal demonstrations: Observation of unauthorized gatherings;
  • Damage to public space: Evidence of graffiti, destruction or illegal dumping of waste.

MANDATe us, it's quick and easy!

Submit your mandate.


Select the required service, provide the necessary information and documents, and our team will proceed with opening your file.

Make the deposit.


Submit your security deposit via Interac e-Transfer to depot@fcdhuissiers.ca. Upon receipt of funds in trust, we will proceed with the execution of your mandate according to the selected timelines.

That's it!


Once the mandate is completed, a detailed invoice will be sent to you and any excess balance will be fully refunded.