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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  Irregularities noted at a meeting of co-owners do not make the decisions taken non-existent, but voidable. Consequently, the co-owner who intends to invoke the irregularity of a decision must initiate a legal proceeding, in accordance with article 1103 of the Civil Code of Quebec. Wishing to promote the stability of the decisions taken by the assembly, the legislature allows such a remedy to be brought only in certain circumstances. Thus, any co-owner may ask the court to annul or, exceptionally, modify a decision of the meeting of co-owners if it is partial, if it was taken with the intention of harming the co-owners or in disregard of their rights, or if an error occurred in the calculation of votes.  
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