Insurance Law

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, […]

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 […]

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 […]

On January 7, 2020, in Talbot c. Industrielle Alliance, assurances et services financiers inc., 2020 QCCS 193, Justice Martin Dallaire dismissed a claim for a critical illness insurance benefit following a cancer diagnosis for which the insured showed signs and symptoms during the moratorium period. However, he concluded that this clause cannot have the effect […]

Exciting News! As the new decade unfolds and RSS gears up to celebrate its 100th year, it is delighted to announce the appointment of the new Managing Partner, Andrew Penhale, an old face. Andrew was an attorney with the firm from 2001 to 2010 before moving on to head the Claims Department of the Professional […]

In Groupe Royal inc. v. Crewcut Investments Inc., 2019 QCCA 1839, the Court of Appeal affirmed that in an action for latent defects, the Plaintiff’s expert opinions are not required, whereas those filed in defence must demonstrate the precise cause of the defect in order to rebut the presumption. In this case, the Plaintiffs, manufacturers […]

In Développement les Terrasses de l’Île inc. c. Intact, compagnie d’assurances, 2019 QCCA 1440, the Court of Appeal of Quebec examined claims for the cost of repairing construction defects and the cost of repairing the damage caused by the defects, and had to decide the extent of the insurer’s obligation to provide a defence to […]

The Court of Appeal recently put an end to a case that had originated in November 2008 with the destruction by fire of a combine harvester (CNH Industrial Canada Ltd. c. Claude Joyal inc., 2019 QCCA 1151). The owner’s insurer had compensated its insured and then filed a claim against the seller of the machine. […]

In Miller c. Promutuel Boréale, société mutuelle d’assurances générales, 2019 QCCS 1288, Justice Guylène Beaugé of the Quebec Superior Court dismissed legal proceedings instituted by insureds against their insurer while granting the latter’s cross-claim on the grounds that there was a breach of a formal warranty. Click here to read more (PDF).

Tender documents often specify that proportionate unit prices must be included in the bids submitted. This requirement allows the client to compare proposals with more accuracy. Can a bidder ignore these specifications and rely solely on the total price of its bid to assert its competitive position? Secondly, a bidder whose proposal is unfairly rejected […]