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Amount of money intended to compensate financially a natural or legal person who has suffered bodily, moral or material injury. Insofar as divided co-ownership is concerned, the right to claim damages may arise, without limitation when:
13/11/2024
A recent decision by the Court of Québec provides important clarifications for co-ownership syndicates seeking to recover insurance deductibles from co-owners in the event of a claim. In this ruling, the Court dismissed a syndicate’s request for a co-owner to reimburse a deductible of $50,014.13 following water damage that occurred…...
23/07/2024
In the same way as any other natural or legal person, a syndicate of co-owners is likely to incur civil liability towards third parties, including co-owners. Responsibility is the counterpart of power: where authority lies, there is responsibility. A syndicate must therefore act with prudence and diligence, taking the necessary measures to prevent accidents normally foreseeable,…...
23/07/2024
The syndicate of co-owners is composed of all co-owners. Its powers are established in the collective interest of the co-owners, while respecting the individual rights guaranteed by the declaration of co-ownership and the Charter of Human Rights and Freedoms, particularly regarding the inviolability of the home. It acts as a legal…...
23/07/2024
Section 339 of the Civil Code of Quebec establishes as a basic rule that the term of office of a director is one year. The By-law of the immovable usually describe all the terms and conditions specific to the office of director, including the duration of his mandate. Thus, a syndicate of co-owners may,…...
01/07/2024
Co-ownership is an environment conducive to conflict and acrimonious exchanges. Some people who are members of a community of co-owners are sometimes victims. This can happen at an annual meeting, when spirits are heating up and frustrations are at their peak. Latent conflicts between a co-owner and a director, deep…...
01/07/2024
A bathtub or a washing machine that overflows into the apartment below, a water heater that conks out and spills down six floors: losses involving the civil liability of a co-owner are many co-ownerships. And they are expensive! This is why the amount of insurance premiums and deductibles have increased significantly in…...
01/07/2024
Life in co-ownership is like a micro-society where disputes are omnipresent. Many conflicts are neighborhood quarrels, which are usually settled with civility. However, it happens that some disputes are fueled by co-owners thirsty for justice who will want to assert their rights in court at all costs. This is why divided co-ownership…...
30/06/2024
The co-owners have a legal proceeding when they oppose decisions taken by the meeting of the co-owners. They generally seek to contest decisions they consider unjustified. In order to promote the stability of the decisions made at the meeting of co-owners, the legislator allows such recourse only in certain circumstances.…...
30/06/2024
Initiating legal proceedings against a syndicate of co-owners is a measure of last resort, after having unsuccessfully explored private dispute prevention and resolution process. This path requires careful preparation and a thorough knowledge of the rules of law. This fact sheet is designed to guide those who are considering going…...
23/06/2024
Declarations of co-ownership generally include a clause that holds each co-owner responsible (towards the other co-owners and the syndicate) for damages caused by their fault or negligence and by the fact of a property for which they are legally responsible. In the case Syndicat de la copropriété 650 Marcel-Laurin c. Neng (2024…...