Lamoureux v. Syndicat des coproprietes Fairfreen Acres (Small Claims Court)

The Plaintiff, the owner of a unit in the Syndicat, commenced an action for monetary damages against the Syndicat and its members, claiming that a resolution which was adopted by the board of directors was invalid and illegal since it excluded her from the board. 

The Court had to consider the question of whether the Court had the jurisdiction to hear the claim for monetary damages given that this would require that the Court determine the issue of the validity and legality of the board’s resolution.  The Court held that it did not have the jurisdiction to rule on the validity of a decision, resolution or rule imposed by the board.  Accordingly, the Court could not rule on this claim.