Insurance Law

An Automobile Accident Is Not Necessarily an Automobile Accident

Our readers will recall that many decisions have been rendered in recent years analyzing, in very specific cases, what might constitute an automobile accident under the Automobile Insurance Act (AIA). Several decisions have been rendered by both the Supreme Court of Canada[1] and the Court of Appeal[2]. The Administrative Tribunal of Québec (TAQ) recently rendered […]

Nothing Lasts Forever (Not Even a Lifetime Warranty)

In a recent judgment, Hamann v. Matériaux de construction Oldcastle Canada inc., 2024 QCCA 1705, the Québec Court of Appeal (the “CA”) confirmed a ruling of the Québec Superior Court (the “SC”) dismissing an originating application because of the applicant’s failure to institute proceedings within three years of discovering damage to his roof tiles, which […]

1, 2, 3, and the Dishwasher Goes…

No, it was not a former Minister of Energy who made it disappear, but rather a planned obsolescence, carefully concealed in the complexities of the manufacturing components so that the product purchased becomes defective, coercing you to replace it sooner. Fortunately, the Government has responded, and we explain how. Introduction In June 2023, the Minister […]

The Excavator Lost Its Mind, But The Court Of Appeal Did Not!

You may recall our newsletter of July 17, 2023, summarizing a judgment concerning the important burden placed on a manufacturer by the Civil Code of Québec (C.C.Q.). In AIG Insurance Company of Canada et al. v. Mécano Mobile R.L. Inc. et al. 2023 QCCS 1935, the Superior Court dismissed the insurer’s claim against the manufacturer/seller, […]

Fraudulent Statements: Always a Question of Credibility… and of Interest!

In a recent judgment, the Court of Appeal reviews and confirms the Superior Court’s decision in Paul-Hus v. Sun Life Assurance Company, which was commented on in our newsletter of October 31, 2023. Review of the facts On March 13, 2015, Automobiles Illimitées, of which the applicant Paul-Hus is the sole shareholder, applied for a […]

Construction and Loss of the Work: When Does the Countdown Start?

When it comes to prescription, it is often difficult to determine a starting point and a precise calculation, especially when the damage or loss manifests gradually. This issue was analyzed in a very recent judgment rendered by the Honourable Marie Ève Bélanger in Syndicat des Copropriétaires du 600, de la Gare v. Village de la […]

When Water Rules Out Any Possibility of Compensation

The Superior Court recently ruled on the interpretation of an exclusion clause for damages resulting from a flood, in Gestion Michel Bernard inc. v. Promutuel Chaudière-Appalaches, Société mutuelle d’assurance générale[1]. Summary of the Facts The Plaintiffs are the owners of a building located in Beauceville and the operators of a restaurant located in that building. […]

A Heritage Building, Arson and Deadly Fire: Was the 15 Day Notice to the City Required?

Facts On March 16, 2023, a fatal fire destroyed a heritage building in Old Montréal owned by Plaintiff Mr. Émile Benamor. It is alleged that the fire was caused by a third party and was of a criminal nature. The plaintiff brought an action against the City of Montréal claiming $7 575 000, for the […]

The Reckitt Case: A “Corrosive” Court of Appeal Ruling Against Manufacturers

Our readers will recall a first-instance judgment rendered in February 2023 by Justice Alain Michaud, commented on by Ariane Vanasse of RSS, available on our website. This judgment was appealed by Reckitt, the manufacturer of Lysol Advance. In its recent decision, the Court of Appeal discusses the manufacturer’s duty to inform, re-examining earlier key decisions. […]

Can a City Sell a Piece of Land by Mutual Agreement in Spite of Receiving a Higher Offer?

On June 13, 2024, the Superior Court dismissed an action for $18,550,000 in the matter of 9318-8548 Québec inc. v. Ville de Gatineau. The Court held that the defendant (“the City”), represented by a group of lawyers from RSS, had the power to sell a piece of land by mutual agreement, in spite of receiving […]

Policy Language, Indemnity For Replacement Cost Value and Abuse Criteria: A Judgment of Great Interest

On July 22, Arch Insurance Limited, represented and defended by RSS, had the insureds’ claim for the reconstruction value of their building damaged following a fire dismissed by the Superior Court in Mathieu vs. Arch Insurance Limited. This judgment addresses questions of great interest in uncommon areas: The application of section 55 of the Charter of […]
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