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.
By ILN on May 24th, 2011
Posted in Legal Updates | North America
CANADA: A brief look at the nature of the Federation, the Administration of Justice and the Judicial System
Robinson Sheppard Shapiro LLP, Montreal
by Charles E. Flam
Since the adoption of the Fire Safety Act (R.S.Q., ch. S-3.4) (hereinafter “Act”), which came into force on September 1, 2000, cities and municipalities that have adopted a fire safety cover plan (hereinafter “Cover Plan”), can, in certain cases, benefit from an exemption of liability during the course of their intervention following a fire on their territory. The Superior Court recently addressed the issue of the firefighters’ immunity under Article 47 of the Act in the case of Lombard General Insurance Company of Canada vs. City of St- Jérôme.
In the case De Lachevrotière c. Compagnie d’assurances Inctact rendered last July, the Superior Court recognized the right for an insurer to obtain reimbursement of its legal fees and disbursements, as the Court considered that the insured’s claim was abusive.
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In Intact Compagnie d’assurance c. Pétrifond Fondation Compagnie Ltée (published at EYB 2010-180758 (C.S), Justice Geneviève Marcotte of the Superior Court attenuated the general principle regarding the waiver of subrogation by the wrap-up insurer against subcontractors and professionals who are insured under this type of civil liability insurance policy.
On January 12th, 2011, the Court of Appeal of the district of Montreal rendered a judgment in the case of Promutuel Bagot c. Lévesque (published at EYB 2011-184931 (C.A.)), regarding the scope of a clause included in a residential insurance policy which excluded constructions used in whole or in part for criminal activities. The three judges analyzed the factual circumstances of the case, but did not conclude in the same manner.
A November 3, 2010 Quebec Court of Appeal decision has been touted as a significant victory for the rights of common law spouses living in Quebec. The case of Droit de la famille-102866, 2010 QCCA 1978, focused on the constitutionality of Article 585 of the Civil Code of Quebec (CCQ), which provides that “[m]arried or civil union spouses, and relatives in the direct line in the first degree, owe each other support”. Unlike all other Canadian provinces, unmarried cohabitants (“de facto” or “common law” spouses) in Quebec do not have rights under Article 585 CCQ or any other law to claim spousal support upon the termination of their relationship.
The issue of « estoppel » resulting from the contents of a reservation of rights letter addressed by the insurer to the insured has been the object of a fair number of judgements in recent years. Another
judgement has been rendered recently that will be helpful in determining the extent of the insurer’s duty in that respect. That judgement was rendered on October 22nd, 2010 by the Honorable Manon Savard, SJC, in Nicholas Smith, ès qualité c. Solution Air Pro Inc. et al
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On October 23, 2010 the Quebec Court of Appeal issued a landmark decision on the scope of the coverage offered by Public Officers Liability Insurance in Lombard du Canada ltée v. Ville de Mont-Tremblant.
In the case of Dubuc v. Victoriaville (City of), the plaintiff Dubuc sued the City of Victoriaville, claiming the sum of $175,068 for damages sustained from a fall.
In June 2006, during a windy and rainy afternoon, the plaintiff was walking downtown and fell after having set foot on a slope created by the existence of a strip of paving stones located between the sidewalk and street.
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