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In Maison Jean-Yves Lemay Assurances inc. c. Bar et spectacles Jules et Jim inc., 2016 QCCA 1494, the Quebec Court of Appeal reiterates the broker’s duty to review the building’s replacement value and coverage when renewing the insurance policy for the property. The facts The case began in June 2010, when the insured sought to […]

If you are involved in drafting or interpreting insurance policies, you should be interested in the following. The Supreme Court of Canada, in Ledcor Construction Ltd v. Northbridge Indemnity Insurance Co., recently ruled on two key points: the appropriate standard of review for standard form contracts; and the interpretation of the faulty workmanship exclusion contained […]

This was upheld by the Quebec Superior Court in 3457265 Canada inc. c. 9124-8948 Québec inc., 2016 QCCS 2462. In this case, the activities of the insured were the repair and maintenance of aircraft in its workshops located at the airports of Saint-Mathieu-de-Belœil and Mirabel. The liability insurance policy issued by the insurer provided the […]

Do you own assets in Europe — even mere joint ownership in an apartment? Are you likely to be transferred there by your employer for a few years? In either case, a new European Union Regulation could have sweeping impact on your estate, triggering the need to amend your will. The EU Succession Regulation (also known […]

Can one be a contestant on La voix, Quebec’s version of a popular vocal talent competition TV show featuring amateurs coached by established artists, while being on disability leave and receiving salary insurance indemnities? Such was the question recently raised before a labour arbitrator. A leave with incompatible activities A disability leave with compensation is […]

New regulatory amendments on road vehicle safety standards will come into force on November 20, 2016. The coming into force of new road vehicle safety standards involves several changes. Click here to read about those amendments.

What is an “indictable offence” pursuant to article 2402 C.C.Q.? Justice Marie St-Pierre, in the recent Quebec Court of Appeal decision Desjardins Sécurité Financière, compagnie d’assurance-vie c. Émond, answers this question. In this decision, Desjardins Sécurité Financière, compagnie d’assurance-vie [Desjardins] appealed a judgement of the Court of Quebec rendered by Justice Céline Gervais. Justice Gervais […]

You just hired a new employee. In the employment contract, or under a verbal agreement, you specify that the employee will be on probation for a period of six months. What are the consequences of such a condition? Salary The question of compensation is easily answered: an employee on probation has a right to be […]

The consequences of accusing an insured of having attempted to fraudulently obtain an insurance indemnity are serious. The Superior Court of Quebec issued an important reminder of the insurer’s burden of proof in the case of Eggsotique Café inc. c. Promutuel Lanaudière, société mutuelle d’assurances générales (2015 QCCS 178). Ms. France Corbeil was the sole […]

It is fairly well known that, under art. 2091 of the Civil Code of Québec, an employer must give reasonable notice when terminating an employee without a serious reason. Too often, however, we forget that this article imposes a similar obligation upon an employee who resigns without a serious reason. A recent decision reminds that […]