Insurance Law

On October 5, 2026, the final amendments to the Regulation amending the Regulation respecting the application of the Consumer Protection Act (the “Regulation“) are expected to come into force, completing the implementation of the new “good working order” warranty in the province of Quebec. When this warranty applies, the merchant or manufacturer will be required to repair […]

In Pavage Wemindji Inc. v. Compagnie de Construction et de Développement crie ltée, the Quebec Superior Court emphasized that a valid notice of default (mise en demeure) is not just a formality—it’s a precondition to exercising remedies like contract termination in many cases under Quebec civil law. The Decision The plaintiff, Pavage Wemindji Inc. (“Wemindji”), […]

Penalty clauses are a practical tool for owners: instead of having to prove actual losses when a contractor falls short, they can rely on a pre-agreed sum. For contractors, however, the stakes are equally significant — a lump-sum penalty can consume a substantial portion of the contract’s value. Still, the mechanism has its limits. Courts […]

Since the widespread adoption of artificial intelligence tools, growing concerns have emerged regarding their use in judicial proceedings. Recent decisions have relied on section 342 of the Code of Civil Procedure to sanction parties who make improper use of such tools. More specifically, this provision has been invoked on several occasions to address the use or citation […]

In an interim decision in Djaferian v. Spanoudakis,rendered on February 20, 2026, the Superior Court had to determine whether an offer made 15 months earlier, prior to the institution of proceedings, could still be accepted and result in a transaction. Summary of Facts and Timeline The Plaintiff, a co-owner who sustained water damage to his private […]

The Quebec Court of Appeal in Zurich, Compagnie d’assurances SA c. CRT Construction inc., recently overturned the Superior Court’s decision on the interpretation of a construction insurance policy. Facts CRT Construction Inc. (“CRT”) was retained by the City of Montreal (“City”) to perform major construction work at the Atwater water treatment plant. At the City’s request, CRT […]

The Facts In the context of a project for the construction of a ten-storey condo building, the excavation contractor subcontracts the design and installation of a Berlin-type retaining wall (the “Wall”) to Phénix Maritime inc. (“Phénix”) which, in turn, subcontracts the design to Les Investigations Marcel Leblanc inc. (“IML”). Problems arise that substantially delay the […]

In Beaudoin v. Boucher, 2025 QCCA 1646, rendered last December 19, the Court of Appeal upheld the dismissal of an action in latent defects brought by the buyers of a residential property. The Court reiterated the buyer’s duty to pursue further inspections when confronted with serious indicia of defects, particularly where they possess recognized expertise […]

In Gélinas v. LG Constructions TR inc., rendered on October 30, 2025, the Court of Appeal comments on the legal framework governing a contractor unilaterally terminating two construction contracts. In particular, the Court clarifies the application of article 2129 of the Civil Code of Quebec (“C.C.Q.”), which provides, when applicable, that a client is bound […]

In a recent decision, Morissette v. BMO Société d’assurance vie, the Superior Court reviewed the principles applicable to the interpretation of insurance policies. Facts In June 2003, the Plaintiff took out a health insurance policy (hereinafter “Policy”) with BMO Société d’assurance vie (hereinafter “BMO”). The Policy provides, among other things, that $150,000 will be paid […]