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Legal presumption that can be rebutted or challenged by evidence to the contrary (e.g. the presumption of liability of the custodian of a property or the presumption that a undived co-owner absent at a meeting of co-owners consents to the other co-owners representing him, if he has not, in writing, mandated a third person for that purpose or has indicated his refusal to be represented.). Its antonym is irrebuttable presumption.
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…...
08/06/2015
The characteristic of divided co-ownership is to divide the building into various lots that will be the exclusive property of the co-owners (private portions), and for others that will be the property of all the co-owners (common portions). These lots are identified by an individual number, which was assigned during…...
13/11/2021
Deux (2) jugements[1] récents rendus par l’Honorable juge Georges Massol, de la Cour du Québec, abordent l’article 1074.2 du Code civil du Québec et le sens qu’il faudrait donner à cette disposition introduite au Code civil du Québec en décembre 2018 et qui a été modifié en mars 2020. L’audition…...
14/02/2021
Question: Are the co-owners of a vertical co-ownership considered undivided in the horizontal co-ownership? And if so, what would be the impact on representativeness at the general meeting of the horizontal co-ownership (AGM)? For example, could a few co-owners of a vertical co-ownership act for all the co-owners without having previously held…...