Definition : Serious or irreparable prejudice

Serious prejudice, of which the appearance of right is sufficient for a person to exercise a recourse to diminish or eliminate its effects. The damage is irreparable where it is not susceptible or can hardly be compensated by damages.

WHAT YOU SHOULD KNOW ! In divided co-ownerships, this notion refers to the implementation of the right of the syndicate of co-owners or of a co-owner to require from another co-owner, under article 1080 of the Civil Code of Quebec, to comply with the declaration of co-ownership.

WHAT TO KEEP IN MIND : It was recognized by the Court of Appeal that article 1080 of the Civil Code of Quebec, does not have the effect of preventing the syndicate or the co-owners from being entitled to an injunction in the absence of serious and irreparable harm. This section adds the possibility of a stronger penalty, namely the sale of a fraction, when the owner of this fraction causes serious and irreparable harm to the syndicate or one of the co-owners by transgressing an order requiring him to comply with the declaration of co-ownership.

WARNING ! According to the author of the “Dictionnaire de droit québecois et canadien” (Dictionary of Quebec and Canadian Law), Mr. Hubert Reid, the expression "serious and irreparable harm" is a misnomer in article 1080 of the Civil Code of Quebec, since the prejudice is either serious or irreparable.