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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
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Articles in the same category

When it’s too late for latent defects…

The Superior Court recently rendered a judgment in Reinert v. Construction Maurice Bilodeau Inc., 2026 QCCS 2276, dealing with timeliness to give notice in cases of latent defects. The Facts In 2013, Ms. Sylvie Reinert and Mr. Denis Leclerc retained Construction Maurice Bilodeau Inc. (“CMB”) for the construction of a residential building on a vacant lot in Lévis. […]

Insurance Math: One Claim, Two Fires, Three Points of Origin, Zero Recovery: When Circumstantial Evidence Speaks Louder Than a Confession

In Chatel v. Desjardins Insurance, 2026 QCCS 712, the Quebec Superior Court reaffirmed a principle of insurance law: direct evidence is not required to establish an intentional fault. Mr. Chatel claimed $532,000 under his homeowner’s insurance policy following two fires that occurred four days apart. The first caused partial damage to his residence, while the second […]

The Quarrelsome Litigant: When the Right to Sue Becomes a Scourge

Access to the courts is a fundamental right, but what happens when a person uses it not to assert legitimate rights, but to harass others or clog the system to excess? This is quarrelsomeness: the tendency to exercise one’s right to litigate in an excessive or unreasonable manner. Far from being a marginal phenomenon, it […]

Before Buying a Product, Read This: The Rules Are Changing on October 5!

On October 5, 2026, the final amendments to the Regulation amending the Regulation respecting the application of the Consumer Protection Act (the “Regulation“) are expected to come into force, completing the implementation of the new “good working order” warranty in the province of Quebec. When this warranty applies, the merchant or manufacturer will be required to repair […]

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”), […]

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 […]