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.

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 to comply with the declaration of co-ownership. When an injunction order is issued against a co-owner to comply with it and the co-owner latter disregards it, one may ask the court for the sale of the fraction of the delinquent co-owner. The sale of the fraction can only be ordered if the refusal to abide to it causes serious and irreparable harm.

WHAT YOU SHOULD KNOW ! 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.

Related articles

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.
View more
In principle, co-owners have the right to enjoy their private portion as they see fit. This use nevertheless has limits, namely that the right of enjoyment must not exceed normal neighborhood inconveniences. If the nuisance caused by an occupant of the immovable becomes excessive, it constitutes an abnormal neighborhood disturbance. This is the case in the event of non-compliance with clauses relating to the peaceful enjoyment of private portions, stipulated in the by-laws of the immovable. However, an abnormal neighborhood disturbance does not systematically constitute a violation of the declaration of co-ownership, as in some circumstances, this type of nuisance can be sanctioned, even if the perpetrator has not committed any fault.
View more