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The Court of Quebec recently ruled on this issue in Long BÉ Express Limited v. Service Routier ML Inc. and Intact Insurance Company. In the context of a “Wellington” Motion, Service Routier requested that its insurer take up its defence and assume its costs in the lawsuit brought by Long‑BÉ Express Limited. Service Routier offered […]

On January 25, 2024, in the Liquidation de Groupe Dessau inc., the Superior Court of Québec rejected a settlement approval request in the context of the voluntary liquidation of several entities of the Dessau-Verreault-LVM Group (“Dessau“). This judgment addresses the limits of the discretionary powers of the court in voluntary liquidation matters. Overview of the […]

In the recent decision Piscines Élégance – Québec inc. v. Comtois, 2023 QCCS 4574, the Superior Court reiterates the rules governing a contractor’s obligation to inform his customer in the context of a fixed-price consumer contract for which hefty extras were billed. Piscines Élégance – Québec Inc. (“Piscines“) is claiming from defendant Comtois (“Comtois“) the […]

On January 11, 2024, a new procedure came into effect for the legalisation of documents issued throughout Canada (including Québec) and which are destined to be produced before foreign authorities, whether they be supporting documents for administrative purposes such as the issuing of permits or full-fledged pieces of evidence used as exhibits in international Court […]

In Cvesper v. Melatti, the Court of Appeal reminds us of the importance of a timely notice to the vendor in cases of latent defects as tardiness or omission to do so may fatally impact the purchaser’s recourse The Facts Essentially, in May 1980, Appellant, Mrs. Cvesper, purchased a property consisting of a multi-unit building […]

In a recent decision, the Quebec Court of Appeal upheld the ruling of the Honourable Chantal Corriveau of the Superior Court that a party cannot benefit from the presumptions of liability in the Civil Code of Quebec when there is no contractual relation between the parties. In such cases, the rules of extra-contractual liability apply, […]

Last August 11, the Quebec Court of Appeal dismissed the appeal and upheld the trial judge’s decision finding CGF Construction Inc. (the “employer”) guilty of criminal negligence causing death1. The victim in question, a truck driver with over 25 years’ experience, died after losing control of the employer’s heavy container truck, which flipped over on […]

In Desjardins Sécurité financière v. Hébert, the Court of Appeal reminds us of an essential condition often overlooked in order to claim disability insurance benefits: the obligation to be under the care of a medical team and to receive medical treatment, a contextualization of the obligation to mitigate one’s damages. The Court also considers the […]

“I’d like to make a job offer to this candidate. The work will be performed remotely, from home. Can I change this condition at a later date?” In a decision rendered on 16 March 2023, the Administrative Labour Tribunal confirmed that employers have management rights that allows them to require their employees to return to […]

In Paul-Hus c. Sun Life, Compagnie d’assurance-vie, 2023 QCCS 3890, the Superior Court reminds us of the importance of answering questions truthfully and completely when taking out an insurance policy. Faced with the question of whether the insured intended to deceive the insurer, the Court’s analysis shows that credibility remains a key element. Facts On March […]