More on the duty to defend

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 […]

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, […]

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 […]

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. […]

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 […]

Access to the courts is a fundamental right, but what happens when a person uses it not to assert legitimate rights, but to harass others or clog the system to excess? This is quarrelsomeness: the tendency to exercise one’s right to litigate in an excessive or unreasonable manner. Far from being a marginal phenomenon, it […]