Insurance Law

Out of the Frying Pan and into the Fire — The Insurer’s Burden of Proof in the Matter of Intentional Acts by an Insured

The consequences of accusing an insured of having attempted to fraudulently obtain an insurance indemnity are serious. The Superior Court of Quebec issued an important reminder of the insurer’s burden of proof in the case of Eggsotique Café inc. c. Promutuel Lanaudière, société mutuelle d’assurances générales (2015 QCCS 178). Ms. France Corbeil was the sole […]

Modification of Rates of Court Costs as of January 1, 2016

With the coming into force of the new Code of Civil Procedure on January 1, 2016, the Minister of Justice has revised the Tariff of Judicial Fees in Civil Matters (decree 1094-2015). Click here to read comments by Patrick Henry.

Reminder to Insurers: On January 1, 2016, the New CCP Will Affect Your Files

With the coming into force of the new Code of Civil Procedure on January 1, 2016, it is important to remember that several new provisions will affect the management of your files. Click here for comments by Patrick Henry.

More on the duty to defend

The Quebec Court of Appeal renders judgement on the issue of the financial implications of the liability insurer’s duty to defend an action against its insured. Click here to view Jean-François Lamoureux’s comments on this case.

Bad news and good news re the “Work” exclusion

The bad news: the SCC won’t hear Constructions GSS Gauthier. The good news: CGL insurers can reasonably challenge the precedential effect of Gauthier re the standard “Work” exclusion To learn more
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