Definition : Grave disturbance to enjoyment

A significant disruption that prevents a co-owner from fully enjoying their private portion. This can include any situation where the normal use or occupancy of the unit is substantially affected, even temporarily. The disturbance may result from physical, noise, odor nuisances, or any other form of discomfort caused by the work. In the matter of divided co-ownership, the Civil Code of Quebec provides that: "A co-owner who, as a result of work carried out, suffers injury in the form of a permanent diminution in the value of his fraction, a grave disturbance to enjoyment, even if temporary, or through deterioration, is entitled to obtain an indemnity from the syndicate if the syndicate ordered the work or, if it did not, from the co-owners who did the work."