Bulletins

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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.

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Articles in the same category

Overview of the New Provisions of the Act Respecting the Protection of Personal Information in the Private Sector — What are the Implications for Employers?

The Act to modernize legislative provisions as regards the protection of personal information, SQ 2021, c. 25, amending the Act respecting the protection of personal information in the private sector, CQLR c P-39.1 [Act], among others, was proclaimed in force on September 22, 2021. Several provisions came into force on September 22, 2022. The bulk […]

Application of Quebec’s Automobile Insurance Act: New Rulings From the Court of Appeal

This paper was written under a partnership with the Montreal Association of Insurance Women. Quebec’s Automobile Insurance Act, CQLR c A-25 [Act], is the object of abundant jurisprudence. The courts are frequently called upon to determine the field of application of the State regime, the object of which is to facilitate prompt compensation of the […]

A Paradigm Shift in the Protection and Representation of Persons in Vulnerable Situations

On November 1, 2022, the Act to amend the Civil Code, the Code of Civil Procedure, the Public Curator Act and various provisions as regards the protection of persons, Bill 18, SQ 2020, c 11, entered into force. The Quebec legislature and the Public Curator have hailed the Act as a much needed “paradigm shift” […]

Claims for Latent Defects: Limits to the Pre-Purchase Inspection Obligation and to the Amounts That Can Be Awarded in the Event of Liability

The recent decision in Nguyen c. Succession de Durand, 2022 QCCS 3224 provides a useful illustration of the legal principles which apply in the event of a claim for damages for latent defects. The Superior Court reiterated that a buyer’s obligation to inspect a residence prior to purchase is limited in scope and that the […]

Enforcement in Quebec of Foreign Judgments: Restraint Is in Order With Abusive Clauses

Quebec law allows for the recognition and enforcement of judgments rendered by foreign courts. Although these decisions are rendered according to foreign laws, can or must Quebec courts take into consideration the Quebec and Canadian public order principles in deciding whether to recognize such judgments? In Awanda c. AMBC Ventures Inc., 2022 QCCA 1133, the […]

The Construction Legal Hypothec: One Must Have “Taken Part” in the Construction

The Civil Code of Québec [Code] provides special protection to businesses and workers in the construction industry: 2726. A legal hypothec in favour of the persons having taken part in the construction or renovation of an immovable may not charge any other immovable. It exists only in favour of the architect, engineer, supplier of materials, […]

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