Insurance Law

The Superior Court recently ruled on the interpretation of an exclusion clause for damages resulting from a flood, in Gestion Michel Bernard inc. v. Promutuel Chaudière-Appalaches, Société mutuelle d’assurance générale[1]. Summary of the Facts The Plaintiffs are the owners of a building located in Beauceville and the operators of a restaurant located in that building. […]

Facts On March 16, 2023, a fatal fire destroyed a heritage building in Old Montréal owned by Plaintiff Mr. Émile Benamor. It is alleged that the fire was caused by a third party and was of a criminal nature. The plaintiff brought an action against the City of Montréal claiming $7 575 000, for the […]

Our readers will recall a first-instance judgment rendered in February 2023 by Justice Alain Michaud, commented on by Ariane Vanasse of RSS, available on our website. This judgment was appealed by Reckitt, the manufacturer of Lysol Advance. In its recent decision, the Court of Appeal discusses the manufacturer’s duty to inform, re-examining earlier key decisions. […]

On June 13, 2024, the Superior Court dismissed an action for $18,550,000 in the matter of 9318-8548 Québec inc. v. Ville de Gatineau. The Court held that the defendant (“the City”), represented by a group of lawyers from RSS, had the power to sell a piece of land by mutual agreement, in spite of receiving […]

On July 22, Arch Insurance Limited, represented and defended by RSS, had the insureds’ claim for the reconstruction value of their building damaged following a fire dismissed by the Superior Court in Mathieu vs. Arch Insurance Limited. This judgment addresses questions of great interest in uncommon areas: The application of section 55 of the Charter of […]

In the recent decision Tremblay v. Immeubles Perron Ltée, 2024 QCCA 719, the Court of Appeal underlined the impact of a purchase “at one’s own risk”. The Facts A series of real estate transactions set the stage for the analysis of successive warranties. In March 2003, Immeubles Perron sold parts of a lot to Régis, […]

On May 9, 2024, in Beneva inc. v. Bolduc, 2024 QCCA 589, the Quebec Court of Appeal unanimously confirmed the decision rendered by the Honourable Jean-Yves Lalonde of the Superior Court in Bolduc v. SSQ Assurance, 2023 QCCS 266, which was the subject of one of our previous newsletters. Facts in dispute François Roch (“Roch“) […]

In Lévesque v. Aviva Compagnie d’assurance générale, 2024 QCCS 1570, the Quebec Superior Court (the “Court”) denied an insured’s claim for compensation of the total loss resulting from the collapse of her cottage. This decision should encourage insureds to exercise caution when taking out a specified perils policy which, although less expensive than an “all […]

The Facts In 2009, Louise Champagne (“Champagne“) and her husband purchased a house in Morin-Heights. They obtained a pre-purchase inspection report, which revealed a number of problems: Cracks in the foundation, one of which posed a risk of water infiltration; A lack of adequate flashing between the balcony structure and the exterior walls, posing a […]

In Intact Compagnie d’assurance v. Lavoie, the Court of Appeal of Quebec ruled that an insured who was already being completely defended by several of its liability insurers lacked the legal interest to compel another of its insurers to contribute to defence costs. The decision stands for the proposition that an insurer cannot use the insured […]