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.
On March 13, 2020, all regular activities of the judicial system were put on pause in Québec, including the Superior Court of Québec and the Court of Québec. This decision, taken in the context of the health emergency, was necessary in order to facilitate compliance with the guidelines to counter the COVID-19 pandemic. As a result, thousands of planned trials did not take place and had to be postponed. Since then, courtrooms have been set up to comply with the public health guidelines.
The Quebec Bar has just informed its members that the courts should gradually return to a more intense level of activity, at the beginning of June 2020. Since the middle of March, only urgent cases have been heard, in virtual hearings, but little by little, more cases will be heard, either in virtual hearings or in person, but in accordance with mandatory distancing rules.
November 25, 2019 - The problems associated with the use of medical marijuana (in co-ownerships) remain unresolved, as individual and collective rights often clash on this issue. As Yves Joli-Coeur, lawyer emeritus and Secretary General of the RGCQ, reported to RDI (this morning), judgments in this matter are made on a "case-by-case" basis.
We all thought Bill 401 had died on the agenda, but as a phoenix it is rising from its ashes. The Quebec Government has basically kept its main components and drafted a new version, namely Bill 16, which aims, inter alia, to provide divided co ownership with an improved framework by the means of amendments to several articles of the Civil Code of Quebec.
In doing so, the Quebec government is consistent with its election promises. Several leading legal advisers are of the view that the government is thereby showing its concern of the state of repair and condition of immovables held in co-ownership.
January 14, 2019 - Quebec case law was further enhanced by a recent decision concerning co-ownership noise. The judgment, which deals with sensitive neighborhood annoyances issues was rendered by Honorable Luc Huppé, Court of Quebec Judge, sitting in the Small Claims Division.
This case established that a co-owners-lessor can be held responsible for neighborhood annoyances caused by their lessee. And that if they do not address the problem, they could be sued for damages and ordered to pay substantial amounts.
February 7, 2018 - Smoking in public is no longer allowed in Hampstead. This prohibition will also apply to marijuana once legalized in Canada.
A proposed bylaw on tobacco products and other substances in the territory of Hampstead was adopted early February by City Council. The prohibition extends to parks, streets, sidewalks, municipal buildings and adjacent land. It includes pot.
September 26, 2017 - A recent Ontario judgment addressed a sensitive issue, namely the ability of a syndicate (in that province) to recover interest on unpaid common expenses (condo fees). The court also ruled on the reimbursement of fees resulting from legal proceedings by the unsuccessful party.
September 21, 2017 - In a recent Ontario ruling, a syndicate of co-owners has been authorized to present a request with Yahoo to unmask the author of potentially defamatory e-mails. These anonymous messages were sent to the immovable’s co-owners and occupants, under the user name « Ian Fleming ».
July 17, 2016 - A one of a kind co-ownership tribunal was set up in British Columbia. It allows for online conflict resolution, using a smart phone.
The co-owners who feel aggrieved can file a complaint to the Resolution Tribunal (CRT), for example if they wanted to report a person "feeding squirrels on his balcony," says Tony Gioventu, executive director of the Condominium Owners Association in British Columbia.
This approach allows avoiding the expenses arising from legal proceedings. "Everything can be done in the comfort of your home with ultimately an enforceable judgment," added Tony Gioventu. Complaints can be filed day and night.
December 17th, 2015 - The Quebec government announced that the new Code of Civil Procedure, adopted in 2014, will come into force on January 1, 2016. The new Code of Civil Procedure brings major changes to the legal process.