Newsletters

17 November 2022

113

Year-end portrait 2022 — Insurance Law

Profile of Rachel Clément

Rachel Clément is a partner, and co-chair of our Insurance Law Group.

In addition to conducting her practice and ensuring the group’s leadership, she plays a key role in managing our client relationships, especially with major clients in Quebec and Ontario as well as in London.

An active member of the Canadian Litigation Counsel, a nationwide association of independent law firms whose purpose is to provide litigation services to the insurance and other public and private institutions, she takes part in various industry events across Canada. She was recently in Halifax to attend the annual RIMS Canada conference, hosted by the Risk and Insurance Management Society.

Have a look at her bio.

Our New Members

Our talented professionals share our values and are committed to our clients’ satisfaction. They have chosen our firm to pursue their careers and we are pleased to have them with us. Welcome to all of them!

Our firm is always looking for talented and passionate professionals. Send us your application. 

Headlines

Globe and Mail’s rating — November 16, 2022

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Our Representative Mandates

General Liability

  • Defending a consultant engineering firm against a claim of several million dollars in the construction field
  • Defending a specialized manufacturing firm after a fire that caused a $13-million loss
  • Defending an industrial maker of plumbing supplies for losses caused by water damage
  • Representing a business in a claim of over $1 million following water infiltrations in the roofing structure
  • Defending a snow removal business after a fall on the ice in a shopping centre, causing damages of over $1 million to the victim
  • Defending a restaurant-bar following a fall that had occurred on its dance floor, causing alleged damages of millions of dollars
  • Defending a spa following a fall that occurred in its steam bath, and a hotel in relation to an accident in its outdoor swimming pool
  • Defending an event organizer following accidents that occurred during a musical performance, and in a game of piñata

Professional Liability

  • Defending an accountant against a claim for the tax consequences from the sale of the assets of a business in relation to a derogation from his duty to inform in a corporate reorganization of the companies
  • Defending notaries in relation to real estate frauds by way of identity theft: cases of $4 million and $6 million respectively
  • Defending notaries in relation to applications for annulment of hypothec deeds and wills because of lack of capacity or undue influence on the testator
  • Defending notaries in relation to problems with servitudes or other real rights following the sale of a building
  • Defending notaries in relation to the correction of trust deeds
  • Defending notaries in applications for improbation of authentic deeds or in cases related to privileged communications
  • Defending a re-purchase inspector in relation to defects discovered after the sale of a building

Personal Insurance

  • Defending a disability insurer sued after it refused to pay compensation to the plaintiff, a medical specialist, claiming that he was not eligible to the renewal of the policy after reaching the age of 65
  • Defending a travel assistance company sued over the services rendered abroad following a severe medical emergency during a trip in Europe

For more information on the expertise of our insurance law professionals, consult our services page and do not hesitate to contact us. 

Bulletins

Here’s a look at some of our lawyers’ most recent publications. 

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Events

RSS regularly offers continuing education and knowledge development activities. These communications are available online via the Zoom platform, and are offered at no cost. Several are available as broadcasts after their initial presentation.

Coming Events

Insurance Law Webinar: The General Contractor’s Liability: Comparison of articles 2118 and 2100 CCQ (in French)

Wednesday, November 30
Speaker: Stéphanie Beaudoin

Click here to register to this webinar and click here to learn more about other upcoming activites

Past Webinars

Did you miss our last webinar? Watch it below:

To be the first to know about our upcoming events, subscribe to our communications and follow us on LinkedIn.

113

Articles in the same category

Transportation Law

10 November 2023

Company found guilty of criminal negligence causing death of its truck driver

Last August 11, the Quebec Court of Appeal dismissed the appeal and upheld the trial judge’s decision finding CGF Construction Inc. (the “employer”) guilty of criminal negligence causing death1. The victim in question, a truck driver with over 25 years’ experience, died after losing control of the employer’s heavy container truck, which flipped over on […]
Insurance Law / Newsletters

2 November 2023

The « appropriate care » provision in disability insurance: an application bearing heavy consequences for the insured

In Desjardins Sécurité financière v. Hébert, the Court of Appeal reminds us of an essential condition often overlooked in order to claim disability insurance benefits: the obligation to be under the care of a medical team and to receive medical treatment, a contextualization of the obligation to mitigate one’s damages. The Court also considers the […]
Labour and Employment Law / Newsletters

1 November 2023

“Teleworking”: now and forever?

“I’d like to make a job offer to this candidate. The work will be performed remotely, from home. Can I change this condition at a later date?” In a decision rendered on 16 March 2023, the Administrative Labour Tribunal confirmed that employers have management rights that allows them to require their employees to return to […]
Insurance Law / Newsletters

31 October 2023

Fraudulent Statements: Still a Question of Credibility

In Paul-Hus c. Sun Life, Compagnie d’assurance-vie, 2023 QCCS 3890, the Superior Court reminds us of the importance of answering questions truthfully and completely when taking out an insurance policy. Faced with the question of whether the insured intended to deceive the insurer, the Court’s analysis shows that credibility remains a key element. Facts On March […]
Insurance Law

18 October 2023

Can an insured have one’s cake and be indemnified for it too?

The Sainte-Rose-du-Nord1 decision rendered by the Superior Court presents an interesting scenario that arose in the context of a Wellington motion. The Facts: The Municipality of Sainte-Rose-du-Nord (the “Insured“) held two civil liability policies issued by the Fonds d’assurance des municipalités du Québec (the “Insurer“), one for general liability and the other for errors and […]
Labour and Employment Law

21 September 2023

Law 25 : an Act to modernize legislative provisions as regards the protection of personal information

Important amendments will be applicable as of September 22, 2023 Law 25 amends the Act respecting the protection of personal information in the private sector (hereinafter the “Act”), applicable to companies in the private sector. While Law 25 itself came into force on September 22, 2022, the most important amendments will come into force as […]