Definition : Extrajudicial fees

Professional fees that a client must pay to the lawyer representing him or her. In principle, each party involved in a dispute must bear the extrajudicial fees of its own lawyer. One of the exceptions to this principle is abuse of rights. Thus, the Code of Civil Procedure provides that the court has the power to punish substantial breaches noted in the conduct of the proceeding by ordering the offending party to pay the professional fees of the other party’s lawyer. In addition, a penal clause, incorporated in the declaration of co-ownership, may provide that an offender co-owner is required, in certain circumstances, to assume the extrajudicial fees of the syndicate's lawyer.

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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.
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