Insurance Law

Last June, we published a newsletter following the decision rendered in Michel Grenier v. Me Julie Charbonneau, Roger Picard and Conseil de discipline de l’Ordre des psychologues du Québec. This decision followed the filing by the Defendants of Motions to Dismiss, which were granted by the judge of the Superior court. At the time the […]

While a dishwasher from the 1980s can still run smoothly, many newer models seem to break down after just a few cycles! The 2023 adoption of the Act to Protect Consumers Against Planned Obsolescence and to Promote the Durability, Repairability and Maintenance of Goods1 (hereinafter the “Anti-Obsolescence Act“), which modified the Consumer Protection Act2 (the “C.P.A.“), aimed […]

In civil matters, self-represented litigants are increasingly common before the Quebec courts. This possibility is expressly provided for in article 23 of the Code of Civil Procedure (“C.C.P.”), which allows any person to be self-represented. However, this right is subject to several exceptions outlined in article 87 C.C.P., which provides mandatory legal representation in certain […]

Can buyers of a property with latent defects resell it and claim from their seller the difference between the two transactions? This is one of the questions addressed by the Superior Court in Ouellette c. Blais, 2024 QCCS 1025, upheld by the Court of Appeal on May 26, 2025. The Facts: Charmed by a large […]

The Québec Court of Appeal has just issued an important decision for the insurance industry: Intact Insurance Company v. Hydromec Inc., 2025 QCCA 803, overturning a Wellington-type order that had been granted at first instance. A quick reminder: a Wellington motion allows an insured to compel their insurer to take up their defense as soon […]

Human activity has been clearly identified as the main cause behind the rapid rise in greenhouse gas emissions, which in turn is the leading cause of climate change1. Although the Paris Agreement, adopted by 196 countries, including Canada—sought to limit global warming to 1.5 degrees Celsius above pre-industrial levels, scientists now agree that this target […]

On June 23, 2025, in 9219-1568 Québec inc. c. Sovereign General Insurance Company, the Honourable Luc Morin ordered the split of the proceedings based on the principles of proportionality and effective case management in the context of insurance coverage dispute between the parties. Facts Plaintiffs, ten (10) separate entities of Aylo, formerly known as MindGeek […]

In the case St-Amour v. Promutuel Boréale, société mutuelle d’assurances générales[1], the owner of a rental property submitted an insurance claim for significant damage caused to the building following a fire started by his tenant, who had left a pot of oil unattended on a propane stove. Following the insurer’s refusal to indemnify, plaintiff instituted […]

In a recent decision, Desjardins Assurances Générales c. Arseneault Toitures Inc. et Compagnie d’assurance AIG du Canada, 2024 QCCS 4894, the Court granted a Wellington motion and allowed the insured to select its defence counsel, contrary to the general rule providing that the choice of counsel lies with the insurer where the duty to defend […]

In the matter of Desjardins Assurance générales inc. v. Imeubles Devler inc. rendered on May 9 of this year, the Court of Appeal overturned a Court of Quebec judgment and emphasized the importance of evaluating the liability of all parties in a chain of contracts under all applicable liability regimes, even in situations where the […]