Newsletters

November 17, 2022

194

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. 

Be the first to know by subscribing to our communications or by following us on LinkedIn.

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.

194

Articles in the same category

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No Notice of Default, No Termination

In Pavage Wemindji Inc. v. Compagnie de Construction et de Développement crie ltée, the Quebec Superior Court emphasized that a valid notice of default (mise en demeure) is not just a formality—it’s a precondition to exercising remedies like contract termination in many cases under Quebec civil law. The Decision The plaintiff, Pavage Wemindji Inc. (“Wemindji”), […]
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Public Contracts: When Does a Penalty Clause Cross the Line?

Penalty clauses are a practical tool for owners: instead of having to prove actual losses when a contractor falls short, they can rely on a pre-agreed sum. For contractors, however, the stakes are equally significant — a lump-sum penalty can consume a substantial portion of the contract’s value. Still, the mechanism has its limits. Courts […]
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April 24, 2026

Not So Intelligent!

Since the widespread adoption of artificial intelligence tools, growing concerns have emerged regarding their use in judicial proceedings. Recent decisions have relied on section 342 of the Code of Civil Procedure to sanction parties who make improper use of such tools. More specifically, this provision has been invoked on several occasions to address the use or citation […]
Insurance Law / Newsletters

April 2, 2026

So? Is it settled or not?

In an interim decision in Djaferian v. Spanoudakis,rendered on February 20, 2026, the Superior Court had to determine whether an offer made 15 months earlier, prior to the institution of proceedings, could still be accepted and result in a transaction. Summary of Facts and Timeline The Plaintiff, a co-owner who sustained water damage to his private […]
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April 1, 2026

Office Parties and the Employer’s Duty to Prevent Harassment

In De Sousa and Corporation interactive Eidos, 2026 QCTAT 4, the Quebec Administrative Labour Tribunal (ALT) appears to have broadened the scope of an employer’s obligation to prevent harassment. The decision arose from a complaint filed by a former employee who had been sexually assaulted at her home by a colleague following an office party organized by the […]
Insurance Law / Newsletters

March 24, 2026

Should Economic Losses Be Considered Property Damage?

The Quebec Court of Appeal in Zurich, Compagnie d’assurances SA c. CRT Construction inc., recently overturned the Superior Court’s decision on the interpretation of a construction insurance policy. Facts CRT Construction Inc. (“CRT”) was retained by the City of Montreal (“City”) to perform major construction work at the Atwater water treatment plant. At the City’s request, CRT […]