Newsletters

July 7, 2020

252

SNC-Lavalin inc. c. Deguise: Explanatory Comments

On April 6, the Court of Appeal of Quebec released its decision in SNC-Lavalin inc. (Terratech inc. et SNC-Lavalin Environnement inc.) c. Deguise, 2020 QCCA 495.

Considering the importance of this decision for both the construction and insurance industries, RSS offers a series of infoletters discussing the main issues at stake.

Title Author
The Decision on the Leading Case: The Facts, The Parties, The Legal Issues Chantal Noël
Liability of General Contractors Pursuant to Article 2118 of the Civil Code of Québec Jean-Philippe Savoie
Warranty Against Latent Defects Pursuant to Article 1726 C.C.Q. Applied to Providers of Building Materials Jean-Philippe Savoie
The Professional Responsibility of the Geologist Alice Bourgault-Roy
Whose Fault Is It and In What Proportion? Jeanine Guindi
Proof of Damages Sarah Bouzo
Insureds’ Omission to Declare All Facts Relevant to the Risk Chantal Noël
Application of the “Prior Insurance and Non-Cumulation of Liability” Clause Nicolas Pfister
Excluding the Risk Related to Pyrrhotite Eloïse Robichaud
Date of Occurrence and the Trigger of Coverage Jean-François Lamoureux
Coverage Based on Claims Made and Reported: No Limitation for Reporting During More Than One Period of Insurance Jeanine Guindi
Can a Retroactive Date Be Included by an Excess Insurer in a Follow Form System? Mariella De Stefano
The Rights of the Injured Third Party at the Centre of the Decision Stéphanie Beauchamp
252

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Insurance Law

May 11, 2026

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”), […]
Insurance Law

May 6, 2026

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 […]
Insurance Law / Newsletters

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 […]
Labour and Employment Law / Newsletters

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 […]