We invite you to review our most recent publications. They are made available for information purposes and are not to be considered as legal opinions. These publications may be viewed on screen and/or printed.
In the ruling Souscripteurs du Lloyd’s c. Alimentation Denis & Mario Guillemette inc., rendered on August 2, 2012, the Court of Appeal ordered a financial planner’s liability insurance carrier to indemnify the former’s client. Download the publication
In theory, section 2160 of the Civil Code of Quebec is clear. In fact, the mandator is liable to third persons for the acts performed by the mandatary in the performance and within the limits of his mandate and even if the acts exceed the limits, unless the mandator has not ratified such acts. In [...]
In Lefebvre v. Compagnie d’assurance Wawanessa (rendered on June 22, 2012), the Superior Court condemned the insurer, Wawanesa, to pay an indemnity to its insureds. In this case, the insureds’ residence was damaged in an arson fire. Download the publication
On June 22nd 2012, the Supreme Court of Canada rendered an interesting judgement in a case involving the interpretation of the Quebec Automobile Insurance Act (Ville de Westmount c. Rossy et al, 2012 CSC 30). The action itself, initiated by the heirs of Gabriel Antony Rossy, was the result of an extraordinary and sad set [...]
SUPERIOR COURT ADDS NEW RULES FOR MEASURING REASONABLE NOTICE IN QUEBEC – NEW RULES OR A FLASH IN THE PAN By Theodore Goloff Are i) the economic climate that prevails; and/or ii) the employer’s particular economic circumstances relevant to determining “reasonable notice” in Quebec? On the one hand, the criteria that supposedly make up the [...]
Quebec’s highest court’s last word on restrictive covenants: Less is more! By Theodore Goloff In law, as in life, (1) timing is everything and (2) more is not always better. These truths have been brought home by the Quebec Court of Appeal’s judgment in Jean vs. Omegachem Inc. [2012 QCCA 232], which should serve as [...]
In Ace-Ina Insurance Company v. SSQ Assurance générales, the Court of Appeal confirmed a Superior Court judgment that attributed the fire of a building to the fault of two teenagers and rejected the claim against their respective liability insurers. Download the publication
The Quebec Superior Court and Court of Appeal successively rendered an interesting decision relating to the eternal question of insurable interest in 9111-1963 Québec Inc. c. Compagnie d’assurance Temple Inc. (Superior Court decision rendered on August 18th, 2010 (2010 QCCS 4074) and Court of Appeal decision rendered on March 2nd, 2012 (2012 QCCA 450)). Let’s [...]
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