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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 […]

On July 10, a 275-paragraph judgment (Reference re Genetic Non-Discrimination Act, 2020 SCC 17) handed down by a five-to-four majority of the Supreme Court of Canada upheld the constitutional validity of sections 1 to 7 of the Genetic Non-Discrimination Act [Act]. Accordingly, no one will be able to compel a person to undergo a genetic […]

A brief portrait of cases and activities of RSS’s Insurance Law Practice Group over the past few months Active Despite the Coronavirus The pandemic has not spared the legal community. However, as legal services were quickly declared essential services by the Quebec government, we were able to maintain our activities. On March 13, 2020, Quebec […]

The saying “The King can do no wrong” is no longer unquestionable. If, at some point in time, decisions by the State could not be challenged, the evolution of law made it possible to have the courts review some of them under particular circumstances. Recently, in Maltais c. Procureure générale du Québec, 2020 QCCA 715, […]