Definition : Legal recourse - Cross-application

Judicial application by which a person being sued (the defendant) introduces against the plaintiff, in the same file, conclusions resulting from the same source, in addition to the dismissal of the principal application. This is for example, the case of the syndicate of co-owners which, summoned in nullity of a decision of meeting of co-owners, seeks the condemnation of the co-owner plaintiff to the payment of damages because of the futile and vexatious nature of the main claim.

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  The co-owners have a legal proceeding when they oppose decisions taken by the meeting of co-owners. They generally seek to contest decisions they consider unjustified. In order to promote the stability of the decisions made at the meeting of co-owners, the legislator allows such recourse only in certain circumstances. Thus, Article 1103 of the Civil Code of Québec provides that any co-owner may apply to the court to annul or, exceptionally, to amend a decision of the general meeting if the decision is biased, if it was taken with the intent to injure the co-owners or in contempt of their rights, or if an error was made in counting the votes.   
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