Newsletters

October 24, 2018

327

The “care, custody or control” exclusion clause, as reviewed and discussed by the Supreme Court of Canada

A hotel operator offers travellers to park their car in its parking lot while they’re on their winter vacation. A car is stolen while its owner is away. The hotel operator’s liability is at stake. Must one conclude that the car was under its care, which would deprive it of insurance coverage under the “care, custody and control” clause?

That is what the Supreme Court of Canada’s had to decide in 3091‑5177 Québec inc. (Éconolodge Aéroport) v. Lombard General Insurance Co. of Canada, 2018 SCC 43, released on October 19.

Click here to read more (PDF).

See also Mr. Henry’s comments on the Court of Appeal’s decision.

327

Authors

Patrick Henry

Lawyer, Partner

Articles in the same category

Insurance Law / Newsletters

October 19, 2026

Ruin Finds a Reason

In Société d’assurance Beneva Inc. c. Ville de Sherbrooke, 2026 QCCA 1301, the Court of Appeal delivers a decision as concise as it is compelling on liability arising from the ruin of an immovable, in a case involving the rupture of a water main. Its impact could extend well beyond underground pipe failures. The Facts […]
Insurance Law / Newsletters

October 7, 2026

There Is No Point in Submitting a Bid Without Conducting Your Research First

In 9329-0146 Québec Inc. (M. Potvin Excavation) v. City of Saint-Constant, 2026 QCCA 1199, the Quebec Court of Appeal reaffirmed the principles governing a contracting authority’s duty to provide information and a bidder’s corresponding duty to seek clarification where necessary. The Facts  In May 2020, the City of Saint-Constant issued a public call for bids […]
Newsletters / Sports Law

August 27, 2026

2026 World Cup: FIFA Can Commercialise the Tournament, But Not Trust

Introduction With 48 teams, 104 matches, three host countries and 39 days of competition, the 2026 World Cup was already destined to make history because of its sheer scale. On the field, with a transformed VAR system (Video Assistant Referee) and FIFA’s new regulations, every player action was subjected to microscopic scrutiny. Off the field, […]
Insurance Law / Newsletters

August 11, 2026

An Insurer Is Not Required to Uncover What the Insured Was Required to Disclose

In Kayembe-Kabeya v. Industrielle Alliance, assurance et services financiers inc., 2026 QCCS 1714, the Superior Court sets the record straight on the principle of contractual “utmost good faith”. The Facts In September 2019, Ms. Ricady Mede (hereinafter “Mede”) purchased a life insurance policy from Industrielle Alliance (hereinafter the “Insurer”). A few months later, she died of […]
Insurance Law / Newsletters

July 31, 2026

When it’s too late for latent defects…

The Superior Court recently rendered a judgment in Reinert v. Construction Maurice Bilodeau Inc., 2026 QCCS 2276, dealing with timeliness to give notice in cases of latent defects. The Facts In 2013, Ms. Sylvie Reinert and Mr. Denis Leclerc retained Construction Maurice Bilodeau Inc. (“CMB”) for the construction of a residential building on a vacant lot in Lévis. […]
Insurance Law / Newsletters

July 28, 2026

Insurance Math: One Claim, Two Fires, Three Points of Origin, Zero Recovery: When Circumstantial Evidence Speaks Louder Than a Confession

In Chatel v. Desjardins Insurance, 2026 QCCS 712, the Quebec Superior Court reaffirmed a principle of insurance law: direct evidence is not required to establish an intentional fault. Mr. Chatel claimed $532,000 under his homeowner’s insurance policy following two fires that occurred four days apart. The first caused partial damage to his residence, while the second […]