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Insurance Law

14 September 2023

The Flowers, the Pot and the Fire

Can the defendant qualify as part of her father’s house and have the action brought against her dismissed? Does the declaration of co-ownership contain clauses that constitute a waiver to sue the co-owners? These are the questions addressed by the Honourable Alexander Pless, Justice of the Superior Court of Quebec, in Intact compagnie d’assurance v. […]
Insurance Law

11 September 2023

A recent judgment by the Superior Court on the professional liability of insurance brokers

In the recent matter of Jolicoeur vs. Rivard Assurances générales inc., 2023 QCCS 1685, the Superior Court analyzed the professional liability of an insurance broker and his brokerage firm, to determine whether they should indemnify plaintiffs for a penalty of $171,463.08 applied by the insurer due to the increased risk of fire discovered following a […]
Insurance Law

7 September 2023

How many insurers does it take to defend an insured?

A recent decision of the Superior Court of Quebec (Perron v. Famille Marie-Jeunesse, 2023 QCCS 1719) provides some insight into when an insured may compel a liability insurer to take up its defence when the insured is already being defended by another insurer. It also provides an example of circumstances where the principle that a […]
Insurance Law

30 August 2023

The Inevitable Disclosure of Changes in Insurability in Life Insurance Matters

On July 11, in Bourdages v. Ivari, 2023 QCCS 1688 (CanLII), the Superior Court considered the impact of an undisclosed change in the state of health of an insured taking out a life insurance policy, which occurred between the submission of the application and the effective date of the policy. Background to the dispute On […]
Insurance Law

3 August 2023

The Lake Overflows but the Loss Is Excluded

One will recall the catastrophic events of the evening of April 27 2019 when a dike collapsed in Sainte-Marthe-sur-le-Lac flooding a large neighborhood causing catastrophic damages to property. But was this loss covered by the residential policy issued by La Personnelle? That is the question the Superior Court attempted to answer in the matter of […]
Labour and Employment Law

24 July 2023

To have your cake and eat it too? Incorporation does not necessarily affect employee status under the Act Respecting Labour Standards

Can a person who sets up a company in order to receive his or her salary be deemed as an employee? On February 3, 2023, in Jobidon v. Centre Dentaire Patrick Canonne Inc., 2023 QCTAT 479, the Administrative Labour Tribunal (“TAT”), presided by Administrative Judge Yves Lemieux, ruled affirmatively on this question. This decision is […]
Insurance Law

17 July 2023

The Excavator Lost its Head

The Civil Code of Quebec places a heavy burden on manufacturers. But can it be reversed? This question was addressed by the Superior Court in a judgment rendered on June 6, 2023 by the Honourable Suzanne Hardy-Lemieux in AIG Insurance Company of Canada et al v. Mécano Mobile R.L. inc. et al, 2023 QCCS 1935 […]
Insurance Law / Newsletters

26 May 2023

Manufacturers: the heat is on!

An important decision in Product Liability and the obligation of Diligence and Transparency The Court of Appeal recently rendered a decision in CCI Thermal Technologies Inc. c. AXA XL (XL Catlin), 2023 QCCA 231, concerning the liability of the manufacturer and the apportionment of liability between the parties. This case involved twenty separate fires caused […]
Announcements / Civil and Commercial Litigation

25 May 2023

Four RSS Lawyers Named Litigation Stars

We’re proud to announce that four of our lawyers were named “Litigation Star” by Benchmark Litigation Canada for 2023: Patrick Henry, Lynne Kassie, Hugues Duguay and Vikki Andrighetti. Congratulations for this accomplishment!
Insurance Law

17 April 2023

Without a Written Conventional Subrogation, Your Recourse May Be Dismissed

On March 28, 2023, the Superior Court of Quebec partially granted a motion to dismiss the case, dealing with the notions of legal subrogation, conventional subrogation and prejudice. This judgment, Gouvernement de la Nation Crie / Cree Nation Government c. 9327-1781 Québec inc., 2023, reminds us that it is essential for a non-insurer to agree […]
Insurance Law / Newsletters

30 March 2023

Standard Mortage Endorsment: Is it a Shield for the Creditor?

The scope and protection afforded to a mortgage creditor by the standard mortgage endorsement was again analyzed by the Court of Appeal in Roma Capital inc. 2023 QCCA 307. It should be noted that in this decision rendered on March 7, 2023, the Court of Appeal was hesitant since the decision was rendered on a […]
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