Newsletters

An Automobile Accident Is Not Necessarily an Automobile Accident

Our readers will recall that many decisions have been rendered in recent years analyzing, in very specific cases, what might constitute an automobile accident under the Automobile Insurance Act (AIA). Several decisions have been rendered by both the Supreme Court of Canada[1] and the Court of Appeal[2]. The Administrative Tribunal of Québec (TAQ) recently rendered […]

Nothing Lasts Forever (Not Even a Lifetime Warranty)

In a recent judgment, Hamann v. Matériaux de construction Oldcastle Canada inc., 2024 QCCA 1705, the Québec Court of Appeal (the “CA”) confirmed a ruling of the Québec Superior Court (the “SC”) dismissing an originating application because of the applicant’s failure to institute proceedings within three years of discovering damage to his roof tiles, which […]

1, 2, 3, and the Dishwasher Goes…

No, it was not a former Minister of Energy who made it disappear, but rather a planned obsolescence, carefully concealed in the complexities of the manufacturing components so that the product purchased becomes defective, coercing you to replace it sooner. Fortunately, the Government has responded, and we explain how. Introduction In June 2023, the Minister […]

The Excavator Lost Its Mind, But The Court Of Appeal Did Not!

You may recall our newsletter of July 17, 2023, summarizing a judgment concerning the important burden placed on a manufacturer by the Civil Code of Québec (C.C.Q.). In AIG Insurance Company of Canada et al. v. Mécano Mobile R.L. Inc. et al. 2023 QCCS 1935, the Superior Court dismissed the insurer’s claim against the manufacturer/seller, […]

Fraudulent Statements: Always a Question of Credibility… and of Interest!

In a recent judgment, the Court of Appeal reviews and confirms the Superior Court’s decision in Paul-Hus v. Sun Life Assurance Company, which was commented on in our newsletter of October 31, 2023. Review of the facts On March 13, 2015, Automobiles Illimitées, of which the applicant Paul-Hus is the sole shareholder, applied for a […]

Construction and Loss of the Work: When Does the Countdown Start?

When it comes to prescription, it is often difficult to determine a starting point and a precise calculation, especially when the damage or loss manifests gradually. This issue was analyzed in a very recent judgment rendered by the Honourable Marie Ève Bélanger in Syndicat des Copropriétaires du 600, de la Gare v. Village de la […]

Bill 56 — Family Law Reform and Parental Union Regime

The National Assembly of Quebec has adopted Bill 56 entitled An Act respecting family law reform and establishing the parental union regime, which will come into force on June 30, 2025. This initiative will introduce the parental union regime which will apply to de facto spouses that will become parents of the same child after […]

When Water Rules Out Any Possibility of Compensation

The Superior Court recently ruled on the interpretation of an exclusion clause for damages resulting from a flood, in Gestion Michel Bernard inc. v. Promutuel Chaudière-Appalaches, Société mutuelle d’assurance générale[1]. Summary of the Facts The Plaintiffs are the owners of a building located in Beauceville and the operators of a restaurant located in that building. […]

Estate Planning: Don’t Overlook Your Safe Deposit Box

Whether you have an estate plan in place or are in the process of estate planning or you have procrastinated about estate planning, you may wish to consider the pros and cons of a safe deposit box (also commonly called a safety deposit box) in your estate plan. At one time, safe deposit boxes were […]

The Duty to Inform in a Commercial Transaction

“The [person drafting] the documents for a transaction has a duty to inform the co-contracting parties of any changes he makes to these documents.’’ [1] – this is how the Honourable Ian Demers, J.C.S., began his judgment dated April 23, 2024, in Maçons Patrimoniaux Inc. v. Aliston Investissement Inc., 2024 QCCS 1447. In this case, […]

Medical Certificates and Bill C-68: What Are the Consequences for Employers?

Scope of Application and Entry into Force The Act mainly to reduce the administrative burden of physicians (“Bill 29”) was passed on October 8, 2024. These provisions amend the Act respecting labour standards (the “ALS”) and will come into force on January 1, 2025. These new prohibitions also apply to employees governed by the Act […]
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