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The Sainte-Rose-du-Nord1 decision rendered by the Superior Court presents an interesting scenario that arose in the context of a Wellington motion. The Facts The Municipality of Sainte-Rose-du-Nord (the “Insured“) held two civil liability policies issued by the Fonds d’assurance des municipalités du Québec (the “Insurer“), one for general liability and the other for errors and […]

Important amendments will be applicable as of September 22, 2023 Law 25 amends the Act respecting the protection of personal information in the private sector (hereinafter the “Act”), applicable to companies in the private sector. While Law 25 itself came into force on September 22, 2022, the most important amendments will come into force as […]

Can the defendant qualify as part of her father’s house and have the action brought against her dismissed? Does the declaration of co-ownership contain clauses that constitute a waiver to sue the co-owners? These are the questions addressed by the Honourable Alexander Pless, Justice of the Superior Court of Quebec, in Intact compagnie d’assurance v. […]

In the recent matter of Jolicoeur vs. Rivard Assurances générales inc., 2023 QCCS 1685, the Superior Court analyzed the professional liability of an insurance broker and his brokerage firm, to determine whether they should indemnify plaintiffs for a penalty of $171,463.08 applied by the insurer due to the increased risk of fire discovered following a […]

A recent decision of the Superior Court of Quebec (Perron v. Famille Marie-Jeunesse, 2023 QCCS 1719) provides some insight into when an insured may compel a liability insurer to take up its defence when the insured is already being defended by another insurer. It also provides an example of circumstances where the principle that a […]

On July 11, in Bourdages v. Ivari, 2023 QCCS 1688 (CanLII), the Superior Court considered the impact of an undisclosed change in the state of health of an insured taking out a life insurance policy, which occurred between the submission of the application and the effective date of the policy. Background to the dispute On […]

One will recall the catastrophic events of the evening of April 27 2019 when a dike collapsed in Sainte-Marthe-sur-le-Lac flooding a large neighborhood causing catastrophic damages to property. But was this loss covered by the residential policy issued by La Personnelle? That is the question the Superior Court attempted to answer in the matter of […]

Can a person who sets up a company in order to receive his or her salary be deemed as an employee? On February 3, 2023, in Jobidon v. Centre Dentaire Patrick Canonne Inc., 2023 QCTAT 479, the Administrative Labour Tribunal (“TAT”), presided by Administrative Judge Yves Lemieux, ruled affirmatively on this question. This decision is […]

The Civil Code of Quebec places a heavy burden on manufacturers. But can it be reversed? This question was addressed by the Superior Court in a judgment rendered on June 6, 2023 by the Honourable Suzanne Hardy-Lemieux in AIG Insurance Company of Canada et al v. Mécano Mobile R.L. inc. et al, 2023 QCCS 1935 […]

An Important Decision in Product Liability and the Obligations of Diligence and Transparency The Court of Appeal recently rendered a decision in CCI Thermal Technologies Inc. c. AXA XL (XL Catlin), 2023 QCCA 231, concerning the liability of the manufacturer and the apportionment of liability between the parties. This case involved twenty separate fires caused […]