Civil and Commercial Litigation

Civil and Commercial Litigation / Insurance Law / Newsletters

July 8, 2020

A Double First: Jurisprudence on YouTube and First Dismissal of a Claim for Business Interruption Following the Coronavirus

On July 1, Michigan Circuit Court Judge Joyce Draganchuk heard a motion by teleconference via Zoom. However, the hearing and the summary judgment rendered on the bench were broadcast live on YouTube on behalf of Judge Draganchuk. It is therefore a first and it will be interesting to see if our Quebec Courts will admit […]
Civil and Commercial Litigation / Insurance Law / Newsletters

June 3, 2020

Bailiff Services: Issuing and Filing of Proceedings in Non-urgent Matters Is Now Allowed

As you may know, the activities have gradually resumed at the court houses in Quebec as of June 1, which is great news for the legal community as well as for citizens. Each judicial district is however distinct with respect to issuing and filing of proceedings. With respect to the judicial districts of Montreal, Longueuil […]
Civil and Commercial Litigation / Insurance Law / Newsletters

May 28, 2020

Courts to Resume Activities as the COVID-19 Crisis Cools Off (Slightly…)

The threat of the coronavirus is far from over. Yet, some activities slowly resume. The Courts, which were almost paralyzed for over two months, are gradually adjusting to the new reality. What will the impact be? The Superior Court of Quebec is preparing to progressively resume its activities as of June 1, 2020. The goal […]
Civil and Commercial Litigation / Newsletters

May 14, 2020

Defamation on Social Media: Be Careful What You Post Online!

Much of our communication with one another has been taking place on social media. Networks such as Facebook and Instagram provide an unbeatable platform for making ourselves heard. Think twice before you criticize or complain online because your rant on social media could make you liable for defamation. In Ville de Longueuil c. Théodore, 2020 […]
Civil and Commercial Litigation / Insurance Law / Newsletters

May 1, 2020

The Demand Letter: A Tool That Should Not Be Underestimated

Sending a demand letter is part of the usual process of most recovery files. It is sent at different points in time, depending on the way the claim is handled, and on the elements revealed during the investigation. People usually send it automatically, without necessarily understanding all of its implications. What is the actual purpose […]
Civil and Commercial Litigation / Newsletters

April 18, 2020

The Court of Appeal Considers the Impact of the COVID-19 Crisis on Contractual Relationships

As of April 16, 2020, there have been some 27 published judgements rendered by Quebec courts and tribunals that mention COVID. One decision is of particular interest as it addresses the impact that COVID-19 could have going forward. In Naimer c. Naimer, 2020 QCCA 567, Justice Geneviève Marcotte of the Court of Appeal ruled on […]
Civil and Commercial Litigation / Newsletters

April 10, 2020

All You Need to Know About COVID-19 and Residential Leases

Designated as a pandemic by the World Health Organization on March 11, and triggering the declaration of a health emergency in Quebec two days later, COVID-19 has had a significant impact on all segments of society. When it comes to matters of residential leasing, there are many adjustments to be made by both landlords and […]
Civil and Commercial Litigation / Insurance Law / Newsletters

April 9, 2020

Impact of COVID-19: Sports, Entertainment (and Insurance?!?)

For the first time since World War II, Wimbledon, one of Great Britain’s most storied summer sporting events, has been cancelled. The announcement from the All England Club came on April 1, 2020 amidst concerns for public health and safety stemming from the ongoing COVID-19 pandemic. Scheduled to run from June 29 to July 12, […]
Civil and Commercial Litigation / Newsletters

March 26, 2020

Lawsuit Against a Municipality: Beware of Prescription!

A recent judgment reminds us that, as a general rule, an action for damages against a municipality must be brought within six months of the first sign of the occurrence of the damage, even though the extent of the damage may not necessarily be known and may not have fully materialized. In Martin c. Ville […]
Civil and Commercial Litigation / Insurance Law / Newsletters

December 11, 2019

The Court of Appeal Clarifies the Impact of Expert Opinions on the Burden of Proof in an Action for Latent Defects

In Groupe Royal inc. v. Crewcut Investments Inc., 2019 QCCA 1839, the Court of Appeal affirmed that in an action for latent defects, the Plaintiff’s expert opinions are not required, whereas those filed in defence must demonstrate the precise cause of the defect in order to rebut the presumption. In this case, the Plaintiffs, manufacturers […]
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