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The Supreme Court of Canada recently rendered an important decision which may have a significant impact on commercial contracts concluded under Quebec law. In the case of 6362222 Canada inc. v. Prelco inc., 2021 SCC 39, the Court was called upon to decide whether a limitation of liability clause could be set aside in virtue […]

Ballard c. Ville de Gatineau, 2021 QCCS 3695, recently rendered by the Superior Court, deals with the effect of the recognition of a right by a defending party on extinctive prescription. The parties’ arguments The case originated from the issuance of two infraction notices given by the City of Gatineau following embankment work carried out […]

On June 7, 2021, the Superior Court dismissed the action in L’Unique assurances générales inc. c. Intact Compagnie d’assurance, 2021 QCCS 2916, in concluding that the Builder’s Risk issued in favor of Intact’s insured did not apply. L’Unique (acting in continuance of suit for Groupe Ledor inc., Mutuelle d’assurance) insured Mr. Frédéric Boivin’s property located […]

On September 8, 2021, the Quebec Minister of Finance published in Part 2 of the Official Gazette of Quebec a draft of the regulation [Draft Regulation] that specifies the categories of insurance contracts, and insured parties, that may derogate, in part, from the rules set out in articles 2500 and 2503 of the Civil Code […]

It is my pleasure to write this introduction to our summer 2021 newsletter. The timing is pretty optimal since the firm, including our Commercial Litigation group, was on a roll for the first six months of the year. Our team has grown, with three new lawyers to respond to clients’ needs: Médgine Gourdet, who has […]

The Quebec Court of Appeal recently upheld a decision of the Superior Court in Ski Bromont.com c. Jauvin, 2021 QCCA 1070, condemning a mountain resort to pay a guest $152,579 following a fall from a chairlift after resort employees left a customer stranded. A fun day of mountain biking at one of Quebec’s Eastern Townships’ […]

Since the adoption of the Automobile Insurance Act [Act], a lot has been written about its inherent concept of causation. Cohen c. Ville de Montréal, 2021 QCCS 1874, a recent decision of the Superior Court, provided an overview of the applicable principles. On the night of June 15, 2017, Noam Cohen, a young man under […]

When drafting this introduction to our newsletter capping the first six months of 2021, I realized that, while we were adjusting our services to maintain RSS’s standards during the last year and a half, we went significantly beyond what used to be our “business as usual” mode. Actually, our business is growing, and our dedicated Insurance […]

From time to time, judgments are rendered in other provinces in Canada which require our attention here in Quebec. The recent judgment by the Divisional Court of Ontario in Hawkes v. Max Aicher (North America) Limited, 2021 ONSC 4290 (Can LII), is one such case. It is not at all peculiar to find companies operating […]

Although the Canadian Human Rights Act recognizes the right to pay equity, wage differences between men and women still exist. Such was the focus of the Pay Equity Act [the Act], adopted by the federal Parliament on December 13, 2018, and the accompanying Pay Equity Regulations, which will implement a proactive pay equity regime applicable […]