Publications
RSS FeedASBESTOS: NOT ONLY HEALTH PROBLEMS!
The media recently revealed that Quebec still carries a heavy legacy of asbestos given the health problems caused by the presence of asbestos in the construction of certain public buildings in Québec.
THE OBLIGATION TO DEFEND AND THE IMPORTANCE OF CLEAR WORDING IN INSURANCE POLICIES AND HOLD HARMLESS AND INDEMNIFICATION AGREEMENTS
In the case of Gestion Laberge Inc. vs. Hatzlatcha Holdings Inc., Justice Marc St-Pierre rendered a judgment in favour of an insurer following the presentation of what has been commonly come to be known as a « Wellington Motion » by the insured seeking an order that their insurer, Lloyd’s Underwriters (among others), take up its defence.
SETTLEMENT, EXPANSION, CONTRACTION, MOVEMENT, BULGING, WARPING OR CRACKING: OF THE INSURED PROPERTY OR OF THE GROUND UPON WHICH IT SITS?
In its recent decision, Dumoulin c. Assurances générales des Caisses Desjardins et al., the Superior Court reiterated certain principles governing the interpretation of insurance contracts. Essentially, the Court examined the principles governing exclusion clauses and the conditions under which these clauses must be interpreted restrictively or, in case of doubt, in favour of the insured.
FONCTIONS, DEVOIRS ET RESPONSABILITÉS LIÉS AU RÔLE D’ADMINISTRATEUR D’UNE SOCIÉTÉ
Jean-Marc Fortier / Sharon G. Druker – 25 January 2012
Plan du cours
• Introduction
• Rôles de l’administrateur
• Structure et opération d’un c.a.
• Encadrement juridique de la responsabilité
• Société à but non lucratif
• Responsabilité des administrateurs
- • Société publique
• Société à but non lucratif
• Responsabilité statutaires additionnelles
• Les défenses possibles
• La gestion du risque
• Cas d’oppression et autres recours
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THE IMPACT OF THE NEW QUÉBEC BUSINESS CORPORATIONS
On February 14, 2011, the Quebec BusinessCorporations Act (“QBCA”) and the Act respecting the legal publicity of enterprises (“LPE”) simultaneously came into force. As you may recall from our last Communiqué, the QBCA replaces Parts I and IA of the former Companies Act (Quebec) (“QCA”) while the LPE consolidates into a single statute the former Act respecting the legal publicity of sole proprietorships, partnerships and legal persons and Act respecting the Enterprise Registrar.
CLAIMS MADE AND REPORTED IN E&O POLICIES AND PRIOR KNOWLEDGE OF THE INSURED
The Quebec Superior Court recently ruled, in Teolis et Clinique Podiatrique de l’Est inc. c.
Iacono, Lloyd’s et American Home, that two professional liability carriers insuring a financial planner were not obliged to compensate a claim made by the client of the financial planner.
NEW CODE OF CIVIL PROCEDURE : STILL AT THE EMBRYONIC STAGE
The media recently reported that the Quebec Government will adopt a new Code of Civil Procedure. What will happen and when?
First of all, you have to know that this is a draft bill and not a proposed bill presented and discussed before the National Assembly
Prior to adopting the proposed bill, the Quebec Government decided to do a general consultation on the draft bill.
HAVE WHEELS, WILL TRAVEL (PART TWO)
There are countless cases where judiciary or administrative tribunals have had to rule on the application of the Quebec Automobile Insurance Act and decide if the victim of bodily injuries may or may not be indemnified by Société de l’assurance automobile du Québec(SAAQ). Every time we think we have a solid grasp of where the scope of application of the act begins and terminates, a judgement comes out that forces us to go back to our books.
THE SUPERIOR COURT FOLLOWS THE DECISION RENDERED BY THE SUPREME COURT OF CANADA IN PROGRESSIVE HOMES
On May 24, only a few months after the judgment rendered by the Supreme Court of Canada (Progressive Homes Ltd. Canadian Co. v. Lombard General Insurance, 2010 SCC 33) on the obligations of an insurer regarding property damage arising from an event or an accident, the Superior Court followed the principles outlined by the highest court of the country in the case Plombaction Group inc. v. Thetford Mines (City).
POOL STORY – A COLD SHOWER FOR THE INSURER
In the case Wooden v. La Compagnie d’assurance Bélair Inc. rendered last May, the Superior Court granted judgment in favour of insureds whose pool had lifted from the ground.
The insureds were the owners of a house with an in ground pool in the backyard. In the spring of 2008, the insureds noticed that the pool had lifted a few inches from the ground. The insureds notified their insurer, who refused to indemnify them.
