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Damages awarded to a victim for the purpose of punishing the malicious and reprehensible conduct of a natural or legal person. It is also intended to prevent and discourage undesirable conduct in society. The amount of the non-compensatory compensation is additional to that awarded to the victim as compensation for the damage actually suffered. The Charter of Human Rights and Freedoms recognizes the right of a victim to obtain punitive damages in the event of an unlawful infringement of a right or freedom recognized by that Act. Article 54 of the Code of Civil Procedure also provides that the Court may, in ruling on the abusive nature of a legal claim or other procedural act, award punitive damages where justified. However, article 1621 of the Civil Code of Quebec states that the amount of punitive compensation must not exceed what is sufficient to ensure the preventive function of compensation of such a nature.
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,…...
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
Harassment in co-ownership can take many forms and develop in a wide variety of contexts. When occupants of a building with very different temperaments share a place to live, it happens that the spirits heat up to the point of making cohabitation impossible. A co-owner who infringes on his neighbor's privacy…...
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…...
06/11/2021
Je suis membre d’un syndicat de copropriétaires dans l’Outaouais comptant 80 copropriétaires dont 65% sont anglophones. Les rencontres de l’assemblée des copropriétaires et celles du conseil d’administration sont toujours en anglais. Lorsqu’une question est posée en français on y fait généralement abstraction et on la passe sous silence. Question : Au Québec…...
26/09/2017
15 septembre 2017 — Un couple de copropriétaires a réalisé que harceler des voisins peut coûter cher. Il a dû faire face à la justice, par le fait d’un autre couple qui l’a poursuivi pour harcèlement....