Definition : Legal recourse - Protection Order

A decision of the court that orders a natural person not to do or to cease to do something or to perform a specific act in order to protect another natural person whose life, health or safety is threatened. Such an order to "keep the peace" constitutes a special category of injunction, of the negatory or mandate type, and which is intended to protect a natural person whose life, health or safety is threatened. The protection order may be issued only for the time and on the conditions determined by the court, and for a period not exceeding three years. In a judgment rendered by the Superior Court of Quebec, the court issued a "protection order" against harassing, threatening and/or intimidating co-owners in a co-ownership. Although the plaintiff is the syndicate of co-ownership in the case, whereas such an order normally concerns natural persons, the judge granted the application in the circumstances, in particular because of the testimony of the victims of the reprehensible conduct.

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Differences of opinion between the different co-owners and directors of a co-ownership are not uncommon. They can be beneficial if they are done with respect. However, they must not turn into areas of harassment and intimidation. When some abuse their power, by making vexatious remarks, by undermining the credibility and reputation of others, any interested party is entitled to request the intervention of the Tribunal. In a recent Judgment of the Superior Court, the court issued a "protection order" against harassing, threatening or intimidating co-owners in a condominium. It is essentially a civil order to keep the peace, but with the difference that it is addressed only on behalf of specific persons.
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