Insurance Law

The Quebec Superior Court ruling rendered on September 29 in Future Electronics Inc. (Distribution) Pte Ltd. v. Chubb Insurance Company of Canada, 2020 QCCS 3042 is the first Canadian decision, and only the second North American ruling, that has analyzed the interplay between the Social Engineering Fraud, Computer Fraud and Funds Transfer Fraud insuring agreements […]

The Superior Court’s decision in Compagnie d’assurances AIG du Canada c. Kenworth Québec inc., 2020 QCCS 1377, is a reminder of the principles applicable to the warranty against latent defects. In April 2014, a Kenworth vehicle belonging to the City of Shawinigan [City] and insured by Compagnie d’assurances AIG du Canada [AIG] caught fire and […]

In Constructions Reliance inc. (Constructions Reliance du Canada ltée) c. Compagnie d’assurances Temple, 2020 QCCA 947, recently rendered by the Court of Appeal, the Court concluded that the judge of first instance had not committed any error in deciding that the wrap-up policy issued by Temple did not cover damages caused by a painter since […]

On July 10, a 275-paragraph judgment (Reference re Genetic Non-Discrimination Act, 2020 SCC 17) handed down by a five-to-four majority of the Supreme Court of Canada upheld the constitutional validity of sections 1 to 7 of the Genetic Non-Discrimination Act [Act]. Accordingly, no one will be able to compel a person to undergo a genetic […]

A brief portrait of cases and activities of RSS’s Insurance Law Practice Group over the past few months Active Despite the Coronavirus The pandemic has not spared the legal community. However, as legal services were quickly declared essential services by the Quebec government, we were able to maintain our activities. On March 13, 2020, Quebec […]

Over the last month, activities in various sectors are gradually resuming and the re-openings are occurring in phases — as has been the case for our courts. You may recall that last March, ministerial orders were issued to order the suspension of numerous delays and limitation periods until the Government of Quebec announces the end of […]

On July 1, Michigan Circuit Court Judge Joyce Draganchuk heard a motion by teleconference via Zoom. However, the hearing and the summary judgment rendered on the bench were broadcast live on YouTube on behalf of Judge Draganchuk. It is therefore a first and it will be interesting to see if our Quebec Courts will admit […]

On April 6, the Court of Appeal of Québec rendered its decision in SNC-Lavalin inc. (Terratech inc. et SNC-Lavalin Environnement inc.) c. Deguise, 2020 QCCA 495. Considering the importance of this decision for both the construction and insurance industries, RSS offers a series of newsletters discussing the main issues at stake. This is one segment of the […]

On April 6, the Court of Appeal of Québec rendered its decision in SNC-Lavalin inc. (Terratech inc. et SNC-Lavalin Environnement inc.) c. Deguise, 2020 QCCA 495. Considering the importance of this decision for both the construction and insurance industries, RSS offers a series of newsletters discussing the main issues at stake. This is one segment of the […]

On April 6, the Court of Appeal of Québec rendered its decision in SNC-Lavalin inc. (Terratech inc. et SNC-Lavalin Environnement inc.) c. Deguise, 2020 QCCA 495. Considering the importance of this decision for both the construction and insurance industries, RSS offers a series of newsletters discussing the main issues at stake. This is one segment of the […]