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Insurance Law

November 24, 2025

When the Remedy Becomes the Dispute: Medical Liability Under Scrutiny

In the case N.L. v. Mathieu, 2025 QCCS 517, the Superior Court dismissed a medical liability lawsuit filed by a teacher against her former family doctor, in which she sought over $1.9 million in damages. The plaintiff accused her doctor of having inappropriately prescribed medication over several years, without proper follow-up and without informing her […]
Insurance Law / Newsletters

February 4, 2025

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 […]
Insurance Law / Newsletters

November 8, 2024

A Heritage Building, Arson and Deadly Fire: Was the 15 Day Notice to the City Required?

Facts On March 16, 2023, a fatal fire destroyed a heritage building in Old Montréal owned by Plaintiff Mr. Émile Benamor. It is alleged that the fire was caused by a third party and was of a criminal nature. The plaintiff brought an action against the City of Montréal claiming $7 575 000, for the […]
Insurance Law

January 22, 2024

The Defect Was Well Hidden, but Is That Enough?

In Cvesper v. Melatti, the Court of Appeal reminds us of the importance of a timely notice to the vendor in cases of latent defects as tardiness or omission to do so may fatally impact the purchaser’s recourse The Facts Essentially, in May 1980, Appellant, Mrs. Cvesper, purchased a property consisting of a multi-unit building […]
Insurance Law / Newsletters

November 2, 2023

The « Appropriate Care » Provision in Disability Insurance: An Application Bearing Heavy Consequences for the Insured

In Desjardins Sécurité financière v. Hébert, the Court of Appeal reminds us of an essential condition often overlooked in order to claim disability insurance benefits: the obligation to be under the care of a medical team and to receive medical treatment, a contextualization of the obligation to mitigate one’s damages. The Court also considers the […]