Of the injunction in matters of co-ownership

The injunction is a remedy commonly used in real estate law and more particularly in matters of co-ownership.

In fact, article 509 of the Code of Civil Procedure of Quebec provides in the first two paragraphs that:

” 509. An injunction is an order of the Superior Court directing a person or, in the case of a legal person, a partnership or an association or another group not endowed with juridical personality, its officers or representatives to refrain from or cease doing something or to perform a specified act.

Such an injunction may direct a natural person to refrain from or cease doing something or to perform a specified act in order to protect another natural person whose life, health or safety is threatened. Such an injunction, called a protection order, may be obtained, in particular, in a context of violence, such as violence based on a concept of honour. A protection order may only be issued for the time and on the conditions determined by the court, without however exceeding three years”.

In short, the injunction is the most appropriate recourse in order to enforce the co-ownership agreement and the building’s regulations.

Think of illegal work, non-compliance with by-laws enacted for good neighbourliness or other reproaches that could be made against a co-owner.

In the same way, the same recourse is open to the co-owner against the syndicate if the latter refuses or neglects to fulfill its obligations.

Finally, it should be noted that damages may also be sought in the context of an injunctive relief.

For more information, do not hesitate to consult us.

Vanessa Low-Ken
Legal technician
Charland Avocat Inc.
Centropolis Laval
500-3055, boul. Saint-Martin Ouest
Laval (Québec) H7T 0J3
Phone: (450) 934-8700
Fax: (450) 934-8748