Insurance Law

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 […]

With one of the leading insurance law teams in Eastern Canada, RSS demonstrates considerable expertise in the most diversified cases. This is the first in a series of biannual newsletters that will highlight the variety of cases that we handle. Click here for more (PDF).

On December 13, 2018, new provisions in the Civil Code of Québec relating to insurance and divided co-ownership came into effect. Several new rules have been introduced. Click here to read more (PDF).

A party may sometimes be represented by two lawyers to defend a claim: one designated by its insurer to defend against the demands involving an insured interest, and another selected by the party itself to address other grounds that may have been raised. The validity of this double representation was the focus of the Superior […]