Insurance Law

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 […]

A corporation of which you are a shareholder claims to have sustained important damages which, in your view, were caused by the fault of professionals. These damages and losses caused the corporation’s bankruptcy. Can you, as shareholder, sue the professionals to claim compensation for the corporation’s damages? No, the Supreme Court of Canada ruled in Brunette […]

In 9192-2401 Québec inc. (Fabrication Pro-Fab) c. Villeneuve (Immeubles Jolik), 2018 QCCA 1143, the Court of Appeal underlined that in a claim by a lessee against a lessor, in virtue of article 1854 CCQ, the lessee must prove that the damages were caused by either a defect, a default or a failure of the leased […]

Homeowner insurance policies frequently exclude vacant dwellings from coverage. But is a building considered vacant when its owners have not yet moved in while visiting occasionally to prepare the premises? The Superior Court recently examined this question in Nkana c. La Garantie, compagnie d’assurances de l’Amérique du Nord, 2018 QCCS 4265. Click here to read […]