Insurance Law

Insurance Law / Newsletters

August 6, 2025

Who Must Be Represented by a Lawyer? Beware of Sanctions!

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 […]
Insurance Law / Newsletters

August 5, 2025

Latent and Costly Defects

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 […]
Insurance Law / Newsletters

July 23, 2025

If it is Excluded, No Obligation to Defend Rules the Court of Appeal

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 […]
Insurance Law / Newsletters

July 23, 2025

Rain or Shine: Perhaps Not Between Insurers and Insureds

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 […]
Insurance Law / Newsletters

July 21, 2025

Splitting the Proceedings: Leaving the Table Before the Main Course

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 […]
Insurance Law / Newsletters

July 14, 2025

Late-Night Fries, a Criminal Tenant, Illicit Activities, and False Statements: A Sufficient Cocktail for Denial of Insurance Coverage, According to the Court

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 […]
Insurance Law / Newsletters

July 10, 2025

Does the Insurer Always Have the Right to Choose Defence Counsel? The Superior Court Says No.

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 […]
Insurance Law / Newsletters

June 30, 2025

The Court of Appeal Sheds Light on Latent Defects Hidden in the Shadow of 2118 c.c.q.

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 […]
Insurance Law / Newsletters

June 16, 2025

Same Approach, Same Result…

In a recent decision, Michel Grenier v. Me Julie Charbonneau, Roger Picard and Conseil de discipline de l’Ordre des psychologues du Québec, rendered on June 4, 2025, the Superior Court revisited the principles applicable to the immunity of members of a professional order’s disciplinary council to rule on a Motion to Dismiss. The delay to […]
Insurance Law / Newsletters

May 27, 2025

Reversing the Burden One Step at a Time…

In civil liability cases involving personal injury, the burden of proof and witness credibility often become pivotal. This was the case in Lamothe c. Beaudoin, rendered on April, 15, 2025, by the Superior Court of Québec, where the plaintiffs—Lamothe and Simon—sought damages following Lamothe’s fall down a staircase in the defendants’ property. Relying on the […]
Insurance Law / Newsletters

May 26, 2025

Fire Destroys a Building: Are the Firefighters to Blame?

In a decision rendered on April 11, 2025, the Court of Appeal ruled on the issue of relative immunity for a municipal fire department’s actions in the case of Leduc v. Durham-Sud Municipality. During the night of March 17 to 18, 2019, a duplex owned by the plaintiffs in the Municipality of Durham-Sud (“Municipality”) was […]
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