Insurance Law

This paper was written under a partnership with the Montreal Association of Insurance Women. In 2018, the legislature incorporated new provisions into the Civil Code of Quebec to regulate insurance in matters of divided co-ownerships. One of these is article 1075.1 CCQ, which now prevents the insurer from being subrogated into the rights of the […]

On January 24, 2022, in 9104-2523 Québec inc.c. Syndicat des copropriétaires du 5701 de Normanville, 2022 QCCA 95, the Court of Appeal of Quebec affirmed a judgment that awarded $53,452.04 to syndicates of co-owners for the damages suffered by co-owners. The appellant is the builder of five buildings with residential units and shared parking spaces […]

The Court of Appeal of Quebec has rendered a very important decision just before the holidays in Michael Bruni Transport Inc.c. Aviva Insurance Company of Canada, 2021 QCCA 1979, reversing a decision of the Superior Court  (2018 QCCS 3520) and ordering the insurer to compensate its insured for the theft of its truck. This judgment […]

On December 17, 2021, the Court of Appeal of Quebec released a decision relating to the scope of coverage of damage to equipment comprised of several parts under a commercial property insurance policy in Intact compagnie d’assurance c. 9004-9693 Québec inc., 2021 QCCA 1901. The appeal gave the Court another opportunity to deal with the […]

Since the Supreme Court ruling in Rubis v. Gray Rocks Inn Ltd., 1982 CanLII 17 (SCC), [1982] 1 SCR 452, in 1982, personal injury claims have largely been determined on the basis of the concept of “trap”. Essentially, a trap is defined by the case law as a situation that has an inherent danger, which […]

On October 18, 2021, the Superior Court of Quebec rendered an important decision in Ordre des comptables professionnels agréés du Québec c. Procureur général du Québec, 2021 QCCS 4327, regarding the limitations of the duty of confidentiality applicable to chartered professional accountants [CPA]. Essentially, the Court concludes that section 17.0.1 of the Act respecting the […]

Bill 96, An Act respecting French, the official and common language of Québec, proposes a certain number of substantial modifications to Quebec civil procedure. The Bill is presently making its way through various stages of consideration at the National Assembly of Quebec and it is possible that additional changes will be made prior to the […]

Multi-tiered “mediation-arbitration” clauses are increasingly popular since they not only offer flexibility in the manner of resolving disputes, but also provide a timely, cost-effective dispute-resolution option that enables the parties to proactively intervene in the early stages of the dispute. The Court of Appeal of Quebec has rendered an important decision that enables insurance companies […]

The Supreme Court of Canada recently rendered an important decision which may have a significant impact on commercial contracts concluded under Quebec law. In the case of 6362222 Canada inc. v. Prelco inc., 2021 SCC 39, the Court was called upon to decide whether a limitation of liability clause could be set aside in virtue […]

Ballard c. Ville de Gatineau, 2021 QCCS 3695, recently rendered by the Superior Court, deals with the effect of the recognition of a right by a defending party on extinctive prescription. The parties’ arguments The case originated from the issuance of two infraction notices given by the City of Gatineau following embankment work carried out […]