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.
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 to comply with the declaration of co-ownership. When an injunction order is issued against a co-owner to comply with it and the co-owner latter disregards it, one may ask the court for the sale of the fraction of the delinquent co-owner. The sale of the fraction can only be ordered if the refusal to abide to it causes serious and irreparable harm.
WHAT YOU SHOULD KNOW ! 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.