Insurance Law

On June 7, 2021, the Superior Court dismissed the action in L’Unique assurances générales inc. c. Intact Compagnie d’assurance, 2021 QCCS 2916, in concluding that the Builder’s Risk issued in favor of Intact’s insured did not apply. L’Unique (acting in continuance of suit for Groupe Ledor inc., Mutuelle d’assurance) insured Mr. Frédéric Boivin’s property located […]

On September 8, 2021, the Quebec Minister of Finance published in Part 2 of the Official Gazette of Quebec a draft of the regulation [Draft Regulation] that specifies the categories of insurance contracts, and insured parties, that may derogate, in part, from the rules set out in articles 2500 and 2503 of the Civil Code […]

The Quebec Court of Appeal recently upheld a decision of the Superior Court in Ski Bromont.com c. Jauvin, 2021 QCCA 1070, condemning a mountain resort to pay a guest $152,579 following a fall from a chairlift after resort employees left a customer stranded. A fun day of mountain biking at one of Quebec’s Eastern Townships’ […]

Since the adoption of the Automobile Insurance Act [Act], a lot has been written about its inherent concept of causation. Cohen c. Ville de Montréal, 2021 QCCS 1874, a recent decision of the Superior Court, provided an overview of the applicable principles. On the night of June 15, 2017, Noam Cohen, a young man under […]

When drafting this introduction to our newsletter capping the first six months of 2021, I realized that, while we were adjusting our services to maintain RSS’s standards during the last year and a half, we went significantly beyond what used to be our “business as usual” mode. Actually, our business is growing, and our dedicated Insurance […]

On May 20, 2021, the Court of Appeal, in the case of Ville de Mascouche c. Architectes Rivest-Jodoin & Associé, 2021 QCCA 859 affirmed the decision of the Superior Court (2019 QCCS 1996) which granted a motion to dismiss on the grounds of prescription. The City of Mascouche [City] hired Anjalec Construction inc. [Anjalec] in […]

The Superior Court recently rendered an interesting decision in Dang c. Industrielle-Alliance, assurance auto et habitation inc., 2021 QCCS 1408, emphasizing the importance for the insured to give a thorough declaration of the risk to the insurer. In this case, the plaintiff was asking her insurer for an indemnity following a fire that had damaged […]

In Construction Placo inc. c. Kingspan Insulated Panels Ltd., 2021 QCCS 1230, rendered on March 18, 2021, Construction Placo inc. [Placo], as cross-defendant, sought an order from the Court requesting Société d’assurance générale Northbridge [Northbridge] to assume its defence and to pay all costs associated with its defence within the scope of the cross-claim. In […]

In Pelletier c. Gauthier (Decision issued April 13, 2021 by the Honourable Jocelyn Pilote, j.c.s., C.S. – 150-17-004304-207), defendants Gauthier et Simard filed a Wellington application against Intact Compagnie d’assurance and Desjardins Assurances générales as impleaded parties, requesting only the right to select their lawyer. Defendants were sued on the basis of alleged latent defects […]

In a decision rendered by the Court of Quebec (still unpublished as of this writing) on January 22, 2021 in 9174-0886 Québec inc. c. Rochette, RSS successfully presented a motion alleging abuse of proceedings in a related case dismissed at the preliminary stage, by arguing the application of res judicata. The facts In 2014, Plaintiff […]