Insurance Law

What is the standard to which a municipality can be held in the maintenance of its infrastructures? Are budget considerations relevant in the appreciation of its conduct? Such were the questions raised before the Quebec Court of Appeal in Montréal (Ville de) c. Compagnie d’assurances Coseco, a recent case that raised the impact of article […]

“Park’n Fly” services have become ubiquitous. A hotel, generally located close to an airport, provides one night’s accommodation, breakfast, car parking during the stay abroad and shuttle services to and from the airport, all for a flat fee. The service is especially popular in the wintertime, as the lure of warmer climates suddenly becomes irresistible […]

In Maison Jean-Yves Lemay Assurances inc. c. Bar et spectacles Jules et Jim inc., 2016 QCCA 1494, the Quebec Court of Appeal reiterates the broker’s duty to review the building’s replacement value and coverage when renewing the insurance policy for the property. The facts The case began in June 2010, when the insured sought to […]

If you are involved in drafting or interpreting insurance policies, you should be interested in the following. The Supreme Court of Canada, in Ledcor Construction Ltd v. Northbridge Indemnity Insurance Co., recently ruled on two key points: the appropriate standard of review for standard form contracts; and the interpretation of the faulty workmanship exclusion contained […]

This was upheld by the Quebec Superior Court in 3457265 Canada inc. c. 9124-8948 Québec inc., 2016 QCCS 2462. In this case, the activities of the insured were the repair and maintenance of aircraft in its workshops located at the airports of Saint-Mathieu-de-Belœil and Mirabel. The liability insurance policy issued by the insurer provided the […]

What is an “indictable offence” pursuant to article 2402 C.C.Q.? Justice Marie St-Pierre, in the recent Quebec Court of Appeal decision Desjardins Sécurité Financière, compagnie d’assurance-vie c. Émond, answers this question. In this decision, Desjardins Sécurité Financière, compagnie d’assurance-vie [Desjardins] appealed a judgement of the Court of Quebec rendered by Justice Céline Gervais. Justice Gervais […]

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 […]

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.

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.

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.