Definition : Prejudice - Serious or irreparable prejudice

Serious prejudice, of which the appearance of right is sufficient for a person to exercise a recourse to diminish or eliminate its effects. The damage is irreparable where it is not susceptible or can hardly be compensated by damages.

WHAT YOU SHOULD KNOW ! In divided co-ownerships, this notion refers to the implementation of the right of the syndicate of co-owners or of a co-owner to require from another co-owner, under article 1080 of the Civil Code of Quebec, to comply with the declaration of co-ownership.

WHAT TO KEEP IN MIND : It was recognized by the Court of Appeal that article 1080 of the Civil Code of Quebec, does not have the effect of preventing the syndicate or the co-owners from being entitled to an injunction in the absence of serious and irreparable harm. This section adds the possibility of a stronger penalty, namely the sale of a fraction, when the owner of this fraction causes serious and irreparable harm to the syndicate or one of the co-owners by transgressing an order requiring him to comply with the declaration of co-ownership.

WARNING ! According to the author of the “Dictionnaire de droit québecois et canadien” (Dictionary of Quebec and Canadian Law), Mr. Hubert Reid, the expression "serious and irreparable harm" is a misnomer in article 1080 of the Civil Code of Quebec, since the prejudice is either serious or irreparable.

Enforcing the declaration of co-ownership

The declaration of co-ownership is a contract that orchestrates and regulates the lives of co-owners, lessees and other occupants of the immovable. It represents the guideline for everyone who lives in the immovable.The declaration of co-ownership provides, systematically, that it is up to the board of directors to have its content abided to. However, it happens that people break the rules, in particular by a non-compliant use of a private portion with regard to the destination of the immovable, a noise nuisance and work carried out in violation of the by the laws of the immovable. Other examples illustrate the problems that can occur in the co-ownership, such as an encroachment on a common portion or the improper installation of a floor covering. Anyone who does not abide to the declaration of co-ownership is liable, inter alia, to a legal recourse based on article 1080 of the Civil Code of Quebec . This action may be brought by a co-owner or the syndicate.

Neighborhood annoyances

In principle, co-owners have the right to enjoy their private portion as he sees fit. In addition, the law provides for a duty of tolerance on the part of neighbours, i.e. to accept the normal inconveniences that may result from the exercise of the right of ownership by the other. However, there are limitations to this use. In the event that the nuisance caused by an occupant of the building becomes excessive, it constitutes an abnormal neighborhood disturbance. It is common for such a case to constitute a breach of clauses relating to the peaceful enjoyment of the private portions, which are provided for in the by-laws of the immovable. That said, an abnormal neighbourhood disturbance does not systematically constitute a violation of the declaration of co-ownership. It should be noted that in certain circumstances, this type of inconvenience may be punished, even if the perpetrator has not committed any fault.

Definition : Prejudice - Serious or irreparable prejudice

Related articles