Newsletters

As previously explained in our August 15, 2019 newsletter, Revenu Québec announced new rules on May 17, 2019 requiring the disclosure of all nominee agreements. The application of those rules was suspended until regulations could be adopted. Bill 42 implementing these rules was made final on September 24, 2020, and those rules are now in […]

The Superior Court’s decision in Labelle c. Jivestudio Inc., 2020 QCCS 3420, rendered in the midst of the pandemic, ruled on the underlying criteria to determine, at a preliminary stage, whether an insurer has an obligation to take up its insured’s defence. The plaintiff was seriously injured while performing an acrobatic manoeuvre with a troupe […]

The decision in Croteau (Succession de Roy) c. TD Compagnie d’assurance-vie, 2020 QCCS 3539, rendered on October 21, deals with the nullity of a contract of insurance of persons for misrepresentation and/or concealment. The Court reiterated that the insurer, represented by RSS, was entitled to presume that the declarations of the insured were true, and […]

Though the Canadian Charter of Rights and Freedoms provides at section 12 the protection of an accused against imposition of “cruel and unusual treatment or punishment”, the Supreme Court has now held, in Quebec (Attorney General) v. 9147-0732 Quebec inc., 2020 SCC 32, that although the language specifies that such protection applies to “everyone” — a […]

The Quebec Superior Court ruling rendered on September 29 in Future Electronics Inc. (Distribution) Pte Ltd. v. Chubb Insurance Company of Canada, 2020 QCCS 3042 is the first Canadian decision, and only the second North American ruling, that has analyzed the interplay between the Social Engineering Fraud, Computer Fraud and Funds Transfer Fraud insuring agreements […]

The Superior Court’s decision in Compagnie d’assurances AIG du Canada c. Kenworth Québec inc., 2020 QCCS 1377, is a reminder of the principles applicable to the warranty against latent defects. In April 2014, a Kenworth vehicle belonging to the City of Shawinigan [City] and insured by Compagnie d’assurances AIG du Canada [AIG] caught fire and […]

From day one of the crisis that we are living, RSS has sprung to action to face the situation. We have explored the legal aspects of the situations arising from the pandemic. The legal system is surely hit by the pandemic; but it also brings solutions. RSS wishes to bring to your attention the results […]

In Constructions Reliance inc. (Constructions Reliance du Canada ltée) c. Compagnie d’assurances Temple, 2020 QCCA 947, recently rendered by the Court of Appeal, the Court concluded that the judge of first instance had not committed any error in deciding that the wrap-up policy issued by Temple did not cover damages caused by a painter since […]

Just like countless businesses and individuals all over the world, RSS was hit by the COVID-19 crisis. As numerous sectors of the economy ground to a halt, our activities were significantly reduced. Significantly, but not completely! Since legal services were promptly declared essential services by the government, we washed our hands, donned our masks, and […]

On July 20, 2020, the Court of Appeal finally ruled on a controversy that had existed for several years in Quebec regarding the respect of the delays set out in the Civil Code of Québec [CCQ] for the surrender of property, in the context of a recourse undertaken by a secured creditor under the Bankruptcy […]