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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.
17/07/2020
The declaration of co-ownership is a contract that orchestrates and regulates the lives of co-owners, lessees and other occupants of the immovable. It represents the guideline for everyone who lives in the immovable.The declaration of co-ownership provides, systematically, that it is up to the board of directors to have its…...
09/08/2022
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.…...