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Benoît Chartier

Partner

Insurance Law / Litigation

With RSS since 2008

Telephone : (514) 393-4015

Fax : (514) 878-1865

Email : [email protected]

VCard

As member of our Insurance Law Group, Benoît mainly represents insurance companies under Provincial jurisdictions, in all matters related to insurance law. His professional experience over the years has mainly focussed on representing insurance companies and defending their insured in all kinds of liability actions.

Acting mainly as defence lawyer, his areas of practice include general litigation, general and professional liability, bodily injury claims, liability of cities and municipalities, construction law and product liability cases.

Moreover, he has also specialized in matters involving sports and leisure liability. He represents most of the ski resorts in the Province of Quebec with respect to ski accident cases and other sports accidents.

Representative Matters

Outstanding insurance law experience and bodily injury defense files under provincial jurisdictions. The following cases summaries he pleaded are a good example of his broad litigation experience:

  • Sports liability
    • He successfully defended Station Mont-Tremblant against a claim by a skier severely injured after falling into a hole. Evidence revealed that the hole was out of the ski trail, and marked with bamboo poles. The Court ruled that the ski resort had taken reasonable care to avoid the accident by using sufficient and adequate markings (Gauthier c. Station Mont-Tremblant, 2017 QCCS 2248)
    • He successfully defended Mont Saint-Sauveur in a serious bodily injury lawsuit brought following the plaintiff’s collision with an unpadded wood post on the side of a ski slope (Corbeil c. Mont St-Sauveur International, 2013 QCCS 1561)
    • He successfully defended Ski Bromont in a lawsuit filed by a party having sustained bodily injures in a water slide accident (Larose Boyer c. Ski Bromont.com, s.e.c., 2011 QCCQ 11211)
    • He successfully defended Mont Avalanche against a claim filed as a result of bodily injury sustained in a ski lift unloading accident (Barrette c. Station de sports Mont Avalanche, 2010 QCCQ 1787)/li>
  • Professional liability: He successfully defended and represented engineers, architects, building inspectors and other professionals in numerous cases, including in the following matter:
    • He defended an engineering firm against a professional liability claim which was filed following a pre-purchase inspection of a commercial building. The plaintiff alleged that our client, Sogevem, had not discovered and reported major deficiencies of the property. The suit was dismissed based on evidence showing that the inspection was performed accordingly and also, based on the lack of “lien de droit” (ASL (Lavolière) Limited Partnership v. Raymond Vallières, Jacques Vallières and Sogevem Associés Experts-Conseils Ltée, 705-17-003154-091, Superior Court, November 14, 2014)
  • Municipal law: He successfully defended cities and municipalities in the following matters:
    • Dubuc c. Victoriaville (Ville de), 2010 QCCS 4758 — Trip and fall accident
    • Rôtisserie Ste-Thérèse inc. c. Ste-Thérèse (Ville), 2005 CanLII 47913 (QC CQ) — Business interruption claim for interruption of water supply
    • Entreprises Michel Duchesneau c. Grondin, 2004 CanLII 35354 (QC CQ) — Wrongly issued construction permit
    • Burton c. Greenfield Park (Ville de), 2002 CanLII 17997 (QC CQ) — Slip and fall accident
    • Boire c. Notre-Dame-du-Mont-Carmel (Municipalité), 2002 CanLII 37423 (QC CQ) — Slip and fall accident
  • Insurance coverage defense : He represented numerous insurers in denying coverage to the insured in the following matters:
    • He successfully pleaded a motion to dismiss the action filed in a construction matter based on the argument that Lloyd’s Underwriters had no duty to defend the claim in view of the “Asbestos Exclusion Clause” contained in the Liability Policy (Institution Royale pour l’avancement des sciences c. Construction Expert RC inc., 2011 QCCS 3973
    • He successfully acted on behalf of Elite Insurance Company in a matter in which Elite had denied a property claim and declared an insurance policy to be void ab initio. Based on the representations and evidence presented during the trial, the Court concluded that Elite Insurance Company successfully demonstrated that the Plaintiff provided erroneous information to his insurer (Racine c. Trudeau & Trudeau ltée, 2009 QCCQ 17428
    • He successfully defended Lombard Canada, which had denied coverage to its insured Corporation municipale de Sutton based on the fact that Sutton did not report the claim during the policy period or the extended reporting period under a “claims-made policy” (Blanchette c. Sutton (Corporation municipale de), 2007 QCCS 1413
  • Product liability
    • He represented many manufacturers of a large variety of products, including firearms, sports and leisure equipment, motor vehicles, mechanical, electrical and plumbing equipment, food and beverages
    • He successfully defended Weston in a bodily and moral injury claim arising out of an alleged defective and “dangerous” loaf of bread (Mallette c. Boulangerie Weston Québec Ltée, 2005 CanLII 28610 (QC CQ)
  • Subrogation claims
    • He frequently represents insurers in subrogation claims and recently represented numerous insurers that sustained major losses as a result of an important fire which occurred in Montréal, that caused damages to many neighbouring buildings; he recovered millions of dollars for his clients from the liable parties
    • Successfully represented Aviva Insurance Company to contest a motion to dismiss Aviva’s action filed by the defendant and successfully argued that, in this case, the insurance provision contained in the commercial lease did not prevent the insurer from suing the tenant since the commercial lease also contained an indemnification provision (Aviva, compagnie d’assurances du Canada c. Groupe Jean Coutu (PJC) inc., 2012 QCCS 4335
    • He successfully acted on behalf of ING Insurance Company against a cheese producer to recover the compensation paid out by ING following an important business loss sustained by its insured and caused by a listeria contamination during the cheese-making process (ING compagnie d’assurances du Canada c. Fromagerie Fritz Kaiser inc., 2012 QCCS 6068
  • Other representative matters: He also successfully pleaded the following matters:
    • Desjardins c. Placements Rockhill ltée, 2006 QCCQ 16234 — Liability of a security company/Liability of the landlord
    • Cajou c. Zellers inc., 2005 CanLII 26625 (QC CQ) — Liability of security agents
    • Monit Properties Inc. c. Services d’immigration Prisma Ltée, 2005 CanLII 28241 (QC CQ) — Litigation between tenant and landlord
    • Bell Canada c. Vidéotron Télécom Ltée, 2005 CanLII 1531 (QC CQ) — Liability following excavation work
    • Bell Canada c. Excavation Daniel Latour inc., 2004 CanLII 29925 (QC CQ) — Liability following excavation work
    • Boiler Inspection and Insurance Co. of Canada c. Manac inc./Nortex, 2003 CanLII 932 (QC CS) – Subrogation claim/fire loss/product liability/professional liability of engineers and architects

Associations

Member of the American Association of Ski Defense attorneys (ASDA)

Accredited Speaker and Lecturer for the Quebec Casualty Insurance Institute (Institut d’assurance de dommages du Québec)

Associate member of the Quebec Risk and Insurance Management Association (AGRAQ)

Publications and Conferences

“Cyber-responsabilité et cyber-risques dans l’industrie des assurances”, lecture given in June 2016 at the annual training session offered by RSS’s Insurance Group, a programme accredited by Quebec’s Chambre de l’assurance de dommages (CHAD) and recognized by the Barreau du Québec and by the Chambre des notaires

Lecturer, private training session for a major Quebec insurer on “L’évaluation du préjudice corporel”, April 28, 2016 (accredited by the CHAD)

“Catastrophes naturelles et droit des assurances” (Natural disasters and insurance law), training session for the Institut d’assurance de dommages du Québec, April 21 and 23, 2015

Lecturer, private training session for a major Quebec insurer on “Médias sociaux et cyber responsabilité”, March 26 and 27, 2015 (accredited by the CHAD)

Speaker at Station Mont Tremblant to ski/snowboard instructors on “Legal Consequences of Ski Teaching in Québec”, November 15, 2014

Lecturer, Private training session for a major Quebec insurer on “Réseaux sociaux, cyber responsabilité et droit des assurances”, September 26, 2014 (accredited by the CHAD and recognized by the Barreau du Québec)

Co-Speaker, “Réseaux sociaux et relations de travail”, Congrès annuel des stations de ski du Québec, June 2014

Speaker, “Réseaux sociaux, cyber-responsabilité et droit des assurances”, Continuing public training for the Institut d’assurance de dommage du Québec, November 26–28, 2013 (accredited by the CHAD and recognized by the Barreau du Québec)

Speaker, “La prise de réservation et le paiement à l’avance des leçons de ski, les règles à respecter selon l’OPC”, Congrès annuel de l’association des stations de ski du Québec, May 2013

Co-Speaker, “Le coffre à outils juridique”, Continuing public training for the Institut d’assurance de dommage du Québec, October 23–25, 2012 (accredited by the CHAD and recognized by the Barreau du Québec)

Speaker, “Les réseaux sociaux comme outils d’enquête”, RSS Training, June 20–21, 2012 (accredited by the CHAD and recognized by the Barreau du Québec)

Speaker, “Perspectives légales et enjeux de gestion des risques dans l’est du Canada”, Congrès annuel des stations de ski de l’est du Canada, May 29, 2012

Speaker, “La responsabilité civile des parents et autres gardiens ou surveillants d’un mineur, en droit civil québécois”, RSS Training, June 15–16, 2011 (accredited by the CHAD and recognized by the Barreau du Québec)

Speaker, “La responsabilité civile dans la pratique des sports et loisirs au Québec”, RSS Training, June 9–10, 2010 (accredited by the CHAD and recognized by the Barreau du Québec)

Co-Speaker, “L’assurance de la responsabilité des produits”, Continuing public training for the Institut d’assurance de dommage du Québec, March 23–25, 2010 (accredited by the CHAD and recognized by the Barreau du Québec)

Speaker, “La filature de l’assuré/du réclamant”, RSS Training, June 17–18, 2009 (accredited by the CHAD and recognized by the Barreau du Québec)

Community Involvement

Member of the Organizing Committee of the Missing Children’s Network Annual Golf Classic since 2010

Languages

English, French

Education

Bachelor of Laws, University of Montréal, 1998

Call to Bar

Quebec, 2000