View cases - Stewart McKelvey

- 102 -(Journal des débats: Commissions parlementaires, 3rd sess., 32nd Leg.,December 16, 1982, at p. B-11609)See also Aubry v. Éditions Vice-Versa inc., [1998] 1 S.C.R. 591, at para. 18.B. Rights and Freedoms of the Other Co-Owners2004 SCC 47 (CanLII)192 The primary right asserted by the respondent is under s. 6 of the QuebecCharter, which states in part as follows:6. Every person has a right to the peaceful enjoyment and free dispositionof his property, except to the extent provided by law.Article 1063 of the Civil Code of Québec, S.Q. 1991, c. 64, provides in the case of coownershipthat “[e]ach co-owner has the disposal of his fraction” and “has free use andenjoyment of his private portion and of the common portions, provided he observes theby-laws of the immovable and does not impair the rights of the other co-owners or thedestination of the immovable” (emphasis added). The rules of a building/immovableunder divided co-ownership, contained in the declaration of co-ownership, promotepeaceful enjoyment of the units (one of the s. 6 rights) by all co-owners. The regulationof common areas enhance the appearance and value of the building as a whole, and theappellants accept that this is so.193 Section 3 of the Quebec Charter groups freedom of religion compendiouslywith freedom of conscience, freedom of opinion, freedom of expression, freedom ofpeaceful assembly and freedom of association. While there are security and insuranceconcerns about succahs on balconies, the co-owners’ primary concern is the appearance