Definition : Legal recourse - Frivolous Action

Legal proceeding undertaken with recklessness and reprehensible lightness. The action is thus futile, when it is insignificant, innocuous and of little importance. However, the determination of futility does not require an assessment of the reasonableness of the case.

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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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