Property law

Appartements Club Sommet inc. c. Syndicate of Le Parc Co-Ownership, 2013 QCCS 1297 (CanLII)

Issue:  Can the refusal by a party to provide court ordered documents result in the payment of legal fees incurred to seek compliance with said court Order?  [Complete Decision] Decision:  The Court declares defendant’s refusal to communicate the documents to be abusive.  Plaintiff is awarded $8,765 for the payment of legal fees and expert’s fees […]

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Syndicate of Co-Ownership Le Carré St-Charles c. Daoud, 2014 QCCS 2665 (CanLII)

The Defendant, a co-owner of a syndicate of co-ownership (horizontal), installs, without authorization, a hot tub on the terrace in his townhouse garden area as well as security cameras on the exterior walls of his townhouse.  Complete Decision  Under the Declaration of co-ownership, the terrace and exterior walls are common property.  The Syndicate seeks an injunction […]

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Syndicate of copropriété Domaine Quatre-Saisons, phase II c. Giguère, 2012 QCCQ 4102 (CanLII)

Issue: Whether the Syndicate can claim legal fees incurred to claim payment for unpaid condo fees?  Complete Decision. Decision: The Court grants the Syndicate’s claim however reduces the award for fees from $9,847 to $5,000 on grounds of reasonableness and proportionality.

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ABB Inc. v. Domtar Inc., [2007] 3 SCR 461, 2007 SCC 50 (CanLII)

Issue:  What are the conditions for the existence of latent defects and how to evaluate whether a defect is hidden or not.  Complete Decision. Decision: Whether a defect is hidden or not is assessed objectively.  One must review the buyer’s examination of the good in light of what a prudent and diligent buyer of identical expertise […]

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Tassé c. Jacques, 2015 QCCS 6031 (CanLII)

Issue:  Do cracks revealed by the inspector constitute awareness of defect?  Complete Decision.  Three months after the purchase of a 26 years old home the purchasers (Plaintiffs) find the concrete slab in the basement under the floating floor is swelling.  Decision: The Court concludes there is a latent defect for a portion of the claim […]

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