Section: Legal

An improper water pipe: the current co-owner is liable for damage, and the former co-owner as well!

Article locked Published on by Me Kevin J. Lebeau

An improper water pipe: the current co-owner is liable for damage, and the former co-owner as well! -

An improper water pipe: the current co-owner is liable for damage, and the former co-owner as well!

In a recent judgement from the Quebec Court, Small Claims Division¹, a co-owner was sentenced by the Court to pay damages with interest to the syndicate of co-ownership for damages caused by an improper water pipe. The co-owner alleges that it was not he who had installed this improper pipe but rather the one he bought the condo from. Sued for collateral by the current co-owner the former co-owner was ordered to pay damages plus interest in the same amount to the current co-owner. However, the current co-owner sues the syndicate to obtain reimbursement of his legal costs and compensation for loss of time, discomfort and inconvenience.

The tenant buys a condo: Myths and Facts about reciprocal obligations

Article locked Published on by Me Jean-Olivier Reed

The tenant buys a condo: Myths and Facts about reciprocal obligations -

The tenant buys a condo: Myths and Facts about reciprocal obligations

At a time when the real-estate promotors’ offers are enticing and aggressive and interest rates still affordable, the temptation is strong for tenants to become owners. With a monthly mortgage payment that approximates their monthly rent tenants could decide to buy a condo, and this often without evaluating the consequences of this on a major contract already signed, which is the LEASE! The decision taken under the influence of emotion will certainly have financial consequences for the owner and the tenants.

Separation, de facto partner: Failure to plan may cause some friction

Article locked Published on by Me Annie Lapointe

Separation, de facto partner: Failure to plan may cause some friction -

Separation, de facto partner: Failure to plan may cause some friction

Do not forget that marriage provides some protection to spouses, whether it is at the time of divorce or death. Let us also remember that the de facto partner, i.e. the one with whom we live, whether it is for one year or thirty years, does not enjoy the same protection established by law. If one desires to be protected there must be documents accordingly.

Disputing a penalty: the co-owner does not address himself to the proper Court!

Article locked Published on by Me Kevin J. Lebeau

Disputing a penalty: the co-owner does not address himself to the proper Court! -

Disputing a penalty: the co-owner does not address himself to the proper Court!

In a recent judgement of the Court of Quebec, Small Claims Division¹, a co-owner who sued his syndicate of co-owners for damages, i.e. for repayment of sums paid to the syndicate as a penalty for late payment of his condo fees, and for fees charged to the co-owner when his new tenant was moving in. He sues at the same time two administrators of the syndicate for the sum of $3,888.90 for non-specified damages. Nevertheless, he saw his request rejected by the Court because, at the basis, his request seeks the annulment of the regulations of the co-ownership, which is not within the jurisdiction of the Small Claims Division of the Court of Quebec.

A BADLY INSTALLED ANTENNA, A DAMAGED ROOF, BELL EXPRESS VU CONDEMNED

Article locked Published on by Me Jean-Olivier Reed

A BADLY INSTALLED ANTENNA, A DAMAGED ROOF, BELL EXPRESS VU CONDEMNED -

A BADLY INSTALLED ANTENNA, A DAMAGED ROOF, BELL EXPRESS VU CONDEMNED

Summary of a decision of the Court of Quebec, Small Claims Division, issued on March 25, 2010.

In 2006, a homeowner discovers an infiltration of water into a room. In 2007, the ceiling of this room has become wavy. By inspecting the roof after this discovery, he finds that his neighbour has an antenna on his roof but it is connected to wires installed on his own roof and this, unwittingly.