Newsletters

402

The boat disappears: the claim sinks!

Updated on August 2, 2023

Following the dismissal of his appeal by the Quebec Court of Appeal, Mr. Desmeules Beaumont filed an application for leave to appeal to the Supreme Court of Canada.

On June 22, 2023, the Supreme Court of Canada dismissed Mr. Desmeules Beaumont’s application for leave to appeal, thereby confirming the decision of the Quebec Court of Appeal.

***

Was it a theft or was it a fraud?

This was the question the Quebec Court and the Court of Appeal had to answer in the matter of Christian Desmeules Beaumont v. Société d’assurance Beneva inc. (2023 QCCA 50 (2021 QCCQ 7298). An insured (“the insured”) claimed the amount of $38,303 from its insurer who refused to indemnify him following the loss of a boat due to a fraudulent scheme. 

The insured owned a “Runabout Triumph” pleasure boat. In the spring of 2019, he agreed to the terms of a sale with a buyer for a price of $23,000. In the hours leading up to the trade-in, the buyer informed him that he had mandated a trusted carrier to pick up the boat and to pay the insured. A few days later, the situation took a turn for the worse when the bank where the insured had deposited the money informed him that the amount would be withdrawn from his bank account because the bank draft that had been given to him was counterfeit. The insured sought indemnification from his insurer, who denied coverage.

Court of Quebec decision

The issue in this case was whether the insurance policy covered the loss described above.

The Court proceeded to analyze the policy, which covered “all risks directly affecting the insured property, subject to the exclusions and limitations of this contract”. The Court had to determine whether, in these circumstances, the loss of the boat could be considered direct damage to the property covered by the policy.

To do so, the Court based itself on the Court of Appeal decision of Commerce & Industry Insurance Co. of Canada v. Giovanni Management Ltd. and distinguished between the notion of theft and fraud. The difference between these two concepts lies in the victim’s intention to dispose of the property. In the case of theft, the victim will not have voluntarily surrendered the property, unlike in the case of fraud.

In this case, however, the situation was more akin to fraud, since the insured had voluntarily handed over the boat to the buyer in exchange for a sum of money. Although the boat was obtained dishonestly, the fact remains that the boat was voluntarily given to the buyer and that the sale did not include a reservation of ownership until full payment was made.

Consequently, the insured’s loss was not directly related to the boat, but to the sum of money that had been given to him. Thus, the Court concluded that the insurer was justified in denying coverage on the basis that the loss was not directly linked to the insured property.

Court of Appeal Decision

In a brief decision, the Court of Appeal noted that the leading case on this issue is Commerce & Industry Insurance Co. of Canada v. Giovanni Management Ltd. It concluded that the insured had failed to demonstrate that its situation was different from the case before the Court in the above-mentioned decision.

Indeed, according to the Court of Appeal, although said decision was rendered in 1985, the underlying logic derived from it remains valid and still governs the interpretation of the insurance policy at issue. The Court of Appeal therefore confirmed the decision of the Court of Quebec which had dismissed the insured’s action.

402

Articles in the same category

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 […]

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 […]

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 […]

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 […]

The Court of Appeal delves deep into the parties’ intentions and claimant hits a wall…

The Facts In the context of a project for the construction of a ten-storey condo building, the excavation contractor subcontracts the design and installation of a Berlin-type retaining wall (the “Wall”) to Phénix Maritime inc. (“Phénix”) which, in turn, subcontracts the design to Les Investigations Marcel Leblanc inc. (“IML”). Problems arise that substantially delay the […]

New CAI Guidance on Preventing Confidentiality Incidents: A Practical Roadmap for Businesses in Quebec

On January 30, 2026, Quebec’s privacy regulator, the Commission d’accès à l’information (“CAI”), published fresh guidance aimed at strengthening how organizations prevent confidentiality incidents involving personal information. Confidentiality incidents are one of the most significant privacy risks facing organizations today. In Quebec, these incidents are governed by several laws, including the Act respecting the protection […]