Newsletters

Another year of achievements!

2016 has come to an end. Once again, it was an eventful year at RSS. The deals and cases that have kept us busy reflect the breadth of our professional activity and the various facets of Quebec’s economy. We are pleased to provide this sampling of the matters that we worked on throughout the year. […]

The keys to the “care, custody and control” exclusion

“Park’n Fly” services have become ubiquitous. A hotel, generally located close to an airport, provides one night’s accommodation, breakfast, car parking during the stay abroad and shuttle services to and from the airport, all for a flat fee. The service is especially popular in the wintertime, as the lure of warmer climates suddenly becomes irresistible […]

Commercial signs, trademarks, and French generic terms: Need a road map?

Over the past couple of years, the language of commercial signs has been a recurring theme in the media. In April of 2014, the Superior Court rendered its decision in the Best Buy case, ruling that businesses with English-language trademarks could not be compelled to change their signs to add a French generic term — for […]

The insurance broker’s liability and the duty to inform

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 […]

Builder’s risk insurance: the Supreme Court sheds some light on the exclusion of coverage

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 […]

Exclusion clause for “care, custody or control” does not apply to the principal activities of the insured

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 […]

The Impact of the EU Succession Regulation on Canadians

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 […]

Employee’s personal activities during a disability leave: beware of incompatibilities and lack of openness!

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 […]

Are you ready? Safety standards changes for road vehicles as of November 20, 2016

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.

Exclusion clauses and article 2402 C.C.Q.: What constitutes “an indictable offence”?

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 […]
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