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In the case St-Amour v. Promutuel Boréale, société mutuelle d’assurances générales[1], the owner of a rental property submitted an insurance claim for significant damage caused to the building following a fire started by his tenant, who had left a pot of oil unattended on a propane stove. Following the insurer’s refusal to indemnify, plaintiff instituted […]

In a recent decision, Desjardins Assurances Générales c. Arseneault Toitures Inc. et Compagnie d’assurance AIG du Canada, 2024 QCCS 4894, the Court granted a Wellington motion and allowed the insured to select its defence counsel, contrary to the general rule providing that the choice of counsel lies with the insurer where the duty to defend […]

In the matter of Desjardins Assurance générales inc. v. Imeubles Devler inc. rendered on May 9 of this year, the Court of Appeal overturned a Court of Quebec judgment and emphasized the importance of evaluating the liability of all parties in a chain of contracts under all applicable liability regimes, even in situations where the […]

In a recent decision, Michel Grenier v. Me Julie Charbonneau, Roger Picard and Conseil de discipline de l’Ordre des psychologues du Québec, rendered on June 4, 2025, the Superior Court revisited the principles applicable to the immunity of members of a professional order’s disciplinary council to rule on a Motion to Dismiss. The delay to […]

In civil liability cases involving personal injury, the burden of proof and witness credibility often become pivotal. This was the case in Lamothe c. Beaudoin, rendered on April, 15, 2025, by the Superior Court of Québec, where the plaintiffs—Lamothe and Simon—sought damages following Lamothe’s fall down a staircase in the defendants’ property. Relying on the […]

In a decision rendered on April 11, 2025, the Court of Appeal ruled on the issue of relative immunity for a municipal fire department’s actions in the case of Leduc v. Durham-Sud Municipality. During the night of March 17 to 18, 2019, a duplex owned by the plaintiffs in the Municipality of Durham-Sud (“Municipality”) was […]

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 […]

In a recent judgment, Hamann v. Matériaux de construction Oldcastle Canada inc., 2024 QCCA 1705, the Québec Court of Appeal (the “CA”) confirmed a ruling of the Québec Superior Court (the “SC”) dismissing an originating application because of the applicant’s failure to institute proceedings within three years of discovering damage to his roof tiles, which […]

No, it was not a former Minister of Energy who made it disappear, but rather a planned obsolescence, carefully concealed in the complexities of the manufacturing components so that the product purchased becomes defective, coercing you to replace it sooner. Fortunately, the Government has responded, and we explain how. Introduction In June 2023, the Minister […]

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, […]