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Voluntary or involuntary act, or an omission which infringes upon the right of another on account of the damage suffered. The fault arises when an individual adopts a behavior contrary to that of a reasonably prudent and diligent person, who would be placed in a similar situation. It can engage the civil liability of the person who committed it.
27/10/2025
Irregular work affecting the common portions of the building or a malfunctioning toilet are quite frequent and damaging types of loss in divided co-ownerships. These events can sometimes cause very significant material damage to both private and common portions. When damages do not directly result from a breach of the declaration of…...
26/10/2025
An overflowing washing machine, a bathtub leaking into the unit below, or a water heater bursting and flooding several floors — losses are frequent in co-ownership properties, and their consequences are often costly. These events, sometimes unforeseeable, not only lead to significant repairs but also to complex disputes between co-owners,…...
29/09/2025
The Court of Quebec recently rendered a judgment concerning the Syndicate of co-owners of 575, Lucien-L’Allier, which claimed $11,899.80 from a co-owner following water damage originating from his private portion. Two weeks after the installation of a dishwasher, a defective shut-off valve located under the kitchen sink caused a leak…...
14/12/2024
Two recent rulings by the Court of Québec underscore the significant difficulties syndicates encounter when attempting to recover insurance deductibles for damages caused by tenants, highlighting not only the legislative and practical shortcomings in claims management but also the broader implications of these challenges, which persist despite amendments to article 1074.2…...
13/11/2024
A recent decision by the Court of Québec provides important clarifications for co-ownership syndicates seeking to recover insurance deductibles from co-owners in the event of a claim. In this ruling, the Court dismissed a syndicate’s request for a co-owner to reimburse a deductible of $50,014.13 following water damage that occurred…...
23/06/2024
Declarations of co-ownership generally include a clause that holds each co-owner responsible (towards the other co-owners and the syndicate) for damages caused by their fault or negligence and by the fact of a property for which they are legally responsible. In the case Syndicat de la copropriété 650 Marcel-Laurin c. Neng (2024…...
25/05/2024
The additional premium is a premium that is added to the existing premium. It results from a worsening of the risk or from the assumption of a new risk. This additional premium may be imposed during the course of a contract or upon its renewal. Risks are analyzed according to…...
12/03/2024
Water damages are the most frequent loss in co-ownerships (condominiums). The concept of water damage also includes the civil liability of the syndicate, the co-owner and the lessee (tenant) who could be responsible in the event of damages suffered by third party members; thus, the question of who is responsible for this constantly…...