Newsletters

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 […]

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, […]

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 […]

The Court of Quebec recently ruled on this issue in Long BÉ Express Limited v. Service Routier ML Inc. and Intact Insurance Company. In the context of a “Wellington” Motion, Service Routier requested that its insurer take up its defence and assume its costs in the lawsuit brought by Long‑BÉ Express Limited. Service Routier offered […]

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 […]

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 […]

This culinary specialty of British origin was the focus of a decision of the Superior Court (McKnight v. Promutuel Assurances Boréale, 2020 QCCS 71) confirmed just before Christmas 2022 by the Court of Appeal (Promutuel Assurance Boréale v. McKnight, 2022 QCCA 1735). This decision is interesting with respect to two aspects that we have previously […]

This webinar was presented on June 16, 2022, as part of our firm’s annual lectures on insurance law. Description Property is stolen in a warehouse while the alarm system, unexplainably, was down. There is a suspect, an employee, but no one has seen him deactivate the alarm system or carry the property. Can we assume […]

That question was answered by the Superior Court in Droit de la famille — 2260, 2022 QCCS 136, a decision of January 18, 2022. The fact that the case was a family law dispute influenced the Court’s approach. Separating parents were arguing about custody and parenting time for their three-year-old daughter. At the hearing, the […]

The Court of Appeal of Quebec has rendered a very important decision just before the holidays in Michael Bruni Transport Inc.c. Aviva Insurance Company of Canada, 2021 QCCA 1979, reversing a decision of the Superior Court  (2018 QCCS 3520) and ordering the insurer to compensate its insured for the theft of its truck. This judgment […]