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Legal obligation for a natural or legal person to make reparation for the prejudice he causes to another arising from his failure to comply with the rules of conduct incumbent on him. The extracontractual civil liability of a person may arise from his own, from that of the persons for which he is liable or from that of things in his custody.
01/11/2025
In divided co-ownership, water damage, fire, or other material losses inevitably raise the question of the responsibility of the co-owner involved. Whether it concerns a fault related to the maintenance of a property, a defective installation, or a breach of the declaration of co-ownership, the syndicate must often take steps…...
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,…...
30/11/2024
A co-owner accidentally damaged the entrance door to the underground garage, located in the common portions, with their vehicle. This door needs to be completely replaced. The co-owner's insurer is offering partial compensation, covering 90% of the costs, due to depreciation applied to the door. Furthermore, the amount of the damages…...
23/07/2024
The juridical personality of the syndicate is distinct from the one of the co-owners and directors. His acts are binding only on himself, besides for the exceptions provided by law. The faults committed by the syndicate have consequences only on its own civil liability and not on the directors. Under these conditions,…...
30/06/2024
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…...
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…...
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…...
17/12/2023
December 17, 2023 — In a judgment of the Court of Québec, the Honourable Louise Lévesque recalled the respective duties of a real estate broker and a notary during a transaction involving parking spaces in a divided co-ownership. First of all, it should be remembered that the legal status of…...
30/11/2021
I just suffered a major disaster caused by the breakage of the water supply pipe in my neighbour's shower. The water damage significantly affected my apartment and movable property. I had to be relocated for more than a month to the hotel. To make matters worse, I was not insured…...