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Legal presumption that can be rebutted or challenged by evidence to the contrary (e.g. the presumption of liability of the custodian of a property or the presumption that a undived co-owner absent at a meeting of co-owners consents to the other co-owners representing him, if he has not, in writing, mandated a third person for that purpose or has indicated his refusal to be represented.). Its antonym is irrebuttable presumption.
02/07/2025
I have to preside over the meeting of co-owners of the initial syndicate of a phased co-ownership, often mistakenly referred to as a horizontal co-ownership. This co-ownership consists of three buildings, each governed by its own declaration of co-ownership. I am wondering about the status of the co-owners of these…...
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…...
21/03/2024
In divided co-ownership, a water damage incident almost inevitably raises the issue of the civil liability of the co-owner, the syndicate or, depending on the circumstances, a third party such as an occupant or a tenant. These frequent losses, particularly those resulting from the failure of a water heater or…...
13/11/2021
Deux (2) jugements[1] récents rendus par l’Honorable juge Georges Massol, de la Cour du Québec, abordent l’article 1074.2 du Code civil du Québec et le sens qu’il faudrait donner à cette disposition introduite au Code civil du Québec en décembre 2018 et qui a été modifié en mars 2020. L’audition de…...