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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  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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