Insurance Law

Insurance Law / Newsletters

June 25, 2020

SNC-Lavalin inc. c. Deguise: Warranty Against Latent Defects Pursuant to Article 1726 CCQ Applied to Providers of Building Materials

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 […]
Insurance Law / Newsletters

June 25, 2020

SNC-Lavalin inc. c. Deguise: Liability of General Contractors Pursuant to Article 2118 of the Civil Code of Québec

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 […]
Insurance Law / Newsletters

June 25, 2020

SNC-Lavalin inc. c. Deguise: The Decision on the Leading Case: The Facts, The Parties, The Legal Issues

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 […]
Civil and Commercial Litigation / Insurance Law / Newsletters

June 3, 2020

Bailiff Services: Issuing and Filing of Proceedings in Non-urgent Matters Is Now Allowed

As you may know, the activities have gradually resumed at the court houses in Quebec as of June 1, which is great news for the legal community as well as for citizens. Each judicial district is however distinct with respect to issuing and filing of proceedings. With respect to the judicial districts of Montreal, Longueuil […]
Civil and Commercial Litigation / Insurance Law / Newsletters

May 28, 2020

Courts to Resume Activities as the COVID-19 Crisis Cools Off (Slightly…)

The threat of the coronavirus is far from over. Yet, some activities slowly resume. The Courts, which were almost paralyzed for over two months, are gradually adjusting to the new reality. What will the impact be? The Superior Court of Quebec is preparing to progressively resume its activities as of June 1, 2020. The goal […]
Estates, Wills and Trusts / Insurance Law / Newsletters

May 8, 2020

The Practice of Notaries in Times of Coronavirus

As is the case for many industries, notaries are confronted with many challenges due to the crisis related to COVID-19 virus which is affecting the entire province. While notaries are considered an essential service according to the list established by the Quebec government, the ministerial order 2020-010 dated March 27, 2020 allows them, during the […]
Civil and Commercial Litigation / Insurance Law / Newsletters

May 1, 2020

The Demand Letter: A Tool That Should Not Be Underestimated

Sending a demand letter is part of the usual process of most recovery files. It is sent at different points in time, depending on the way the claim is handled, and on the elements revealed during the investigation. People usually send it automatically, without necessarily understanding all of its implications. What is the actual purpose […]
Civil and Commercial Litigation / Insurance Law / Newsletters

April 9, 2020

Impact of COVID-19: Sports, Entertainment (and Insurance?!?)

For the first time since World War II, Wimbledon, one of Great Britain’s most storied summer sporting events, has been cancelled. The announcement from the All England Club came on April 1, 2020 amidst concerns for public health and safety stemming from the ongoing COVID-19 pandemic. Scheduled to run from June 29 to July 12, […]
Insurance Law / Newsletters

April 1, 2020

An Insurer Successfully Raises the Damage to Property Rented Exclusion

In a judgment rendered on February 10, 2020, Loue Froid inc. c. Ville de Longueuil, 2020 QCCS 447, the Superior Court dismisses the City of Longueuil’s demand [the “City”] that Compagnie d’assurance AIG du Canada [the “insurer”] take up its defence against a legal action instituted by Plaintiff Loue Froid Inc. [“Loue Froid”]. Following a […]
Insurance Law / Newsletters

February 7, 2020

DANGER for Insurers Who Contest a Wellington Motion Alleging a Breach of Formal Warranty

When a Wellington Motion is presented by an insured in the course of proceedings, it seeks an order forcing an insurer to assume its defence without having to await the final decision on the merits of the case. It is analogous to an injunction in the course of proceedings. The consequence for an insurer of […]
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