Publication date: 04/04/2024
In a recent case involving the Syndicat de la copropriété du 780 des Bosquets, hereinafter called Syndicate, and one of its co-owners, the honorable judge Luc Huppé of the Court of Quebec highlighted an approach that was, to say the least, astonishing by the part of the Union.
For a modest unpaid sum of $65.23 in common charges, the Union not only initiated proceedings for this amount but also claimed a sum of $1,794.99 in costs, for the extrajudicial fees of its attorneys, covering the claim total at $1,860.22.
As the co-owner did not appear in the case, the Syndicate’s attorneys entered the case for default judgment. What’s more, this action was initiated after the registration of a legal hypothec and the publication of a notice of exercise of a hypothec right against the co-owner’s unit, valued at $167,000.
The affair takes a particularly touching turn when we learn that the co-owner was being treated for cancer at the time and died. Appointed liquidator of the estate, the sister of the deceased discovered the application initiating proceedings by chance. It pays the arrears of common charges and takes steps to contest the Union’s claims, in particular its lawyers’ fees.
It appears that the absence of an article in the declaration of co-ownership authorizing the Union to claim such legal costs and the admission of one of the Union’s lawyers demonstrate that the claim was debatable. Finally, the court ruled in favor of the sister of the deceased co-owner, in her capacity as liquidator, struck out the application for registration for default judgment and imposed legal costs against the Syndicate.
This case reveals the importance of the principle of proportionality set out in Article 18 of the Code of Civil Procedure, which requires that legal proceedings be proportionate to the nature and complexity of the case, considering the costs and time necessary. It also recalls the obligation for any syndicate of co-owners to ensure that their legal remedies remain fair, necessary, and in line with the objective pursued, thus avoiding incurring disproportionate and unjustified legal fees.
In conclusion, it is important to remember that this judgment, rendered by the Court of Quebec, serves as a relevant example of the need to respect the principle of proportionality in legal proceedings. For those wishing to gain a deeper understanding of this decision, view the full judgment.
2024-04-04 12:38:33
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