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Nuisance caused by a disorder due to an odor. This type of nuisance can be sanctioned if it constitutes an abnormal neighborhood disturbance.
03/01/2025
The owner of the apartment below mine uses a barbecue almost daily on their balcony, despite the rules established in our declaration of co-ownership. Each time they use it, the smoke and the smell of grilled meat invade my space, to the point that I can no longer enjoy my…...
28/12/2024
I live on the 5th floor of an 8-storey building. The co-owner on the 7th storey uses his balcony to let the dog urinate and defecate. Unfortunately, the urine and droppings fall back on our balconies. The situation has been going on for almost two years. We sent him e-mails,…...
01/07/2024
In principle, co-owners have the right to enjoy their private portion as they see fit. This use nevertheless has limits, namely that the right of enjoyment must not exceed normal neighborhood inconveniences. If the nuisance caused by an occupant of the immovable becomes excessive, it constitutes an abnormal neighborhood disturbance.…...
16/06/2024
In principle, the work undertaken by the syndicate should not cause harm to a co-owner. If he suffers a prejudice beyond a mere temporary nuisance, he is then be entitled to an indemnity. Article 1067 of the Civil Code of Quebec states that a co-owner may be indemnified by the…...
02/12/2023
December 2, 2023- If the bailiff can only make purely material findings, excluding any opinion on the factual or legal consequences that may result, his finding must not appear in the eyes of some as a restriction. Indeed, the definition of the role of the bailiff is, on the contrary,…...