Insurance Law

In the recent decision Weber v. Société d’assurance Beneva inc., 2024 QCCS 622, the Superior Court reiterated the principles applicable in a dispute over the application of an insurance policy and its exclusions. Brian Weber and Fiona Buell were suing their insurer, Société d’assurance Beneva inc. (“Beneva”), asking that Beneva indemnify them for damage to […]

On April 18, 2024, the Court of Appeal of Quebec (the “Court”) rendered a judgment of prime importance in Promutuel Vallée du St-Laurent, société mutuelle d’assurance générale v. Noyrigat-Gleye, 2024 QCCA 447, concerning the duty to defend claims for injunctive reliefs and punitive damages. The Court also seizes the opportunity to indicate in which cases […]

In the recent decision Intact Compagnie d’assurance c. Entreprises Transkid inc., 2024 QCCS 16, the Superior Court of Quebec (the “Court”) was tasked with determining if a global transportation insurance policy providing civil liability insurance coverage in respect of goods transported by truck could extend to temporary storage. The Facts This matter concerns the theft […]

On February 12, 2024, the Court of Appeal rendered an interesting decision in a dispute between Société d’assurance Beneva Inc. (“Beneva”) and its insureds1. Origin of the dispute and judgment of the Superior Court The legal action was initially brought before the Superior Court by the insureds2, as a result of Beneva’s refusal to indemnify […]

The Court of Quebec recently ruled on this issue in Long BÉ Express Limited v. Service Routier ML Inc. and Intact Insurance Company. In the context of a “Wellington” Motion, Service Routier requested that its insurer take up its defence and assume its costs in the lawsuit brought by Long‑BÉ Express Limited. Service Routier offered […]

On January 25, 2024, in the Liquidation de Groupe Dessau inc., the Superior Court of Québec rejected a settlement approval request in the context of the voluntary liquidation of several entities of the Dessau-Verreault-LVM Group (“Dessau“). This judgment addresses the limits of the discretionary powers of the court in voluntary liquidation matters. Overview of the […]

In the recent decision Piscines Élégance – Québec inc. v. Comtois, 2023 QCCS 4574, the Superior Court reiterates the rules governing a contractor’s obligation to inform his customer in the context of a fixed-price consumer contract for which hefty extras were billed. Piscines Élégance – Québec Inc. (“Piscines“) is claiming from defendant Comtois (“Comtois“) the […]

In Cvesper v. Melatti, the Court of Appeal reminds us of the importance of a timely notice to the vendor in cases of latent defects as tardiness or omission to do so may fatally impact the purchaser’s recourse The Facts Essentially, in May 1980, Appellant, Mrs. Cvesper, purchased a property consisting of a multi-unit building […]

In a recent decision, the Quebec Court of Appeal upheld the ruling of the Honourable Chantal Corriveau of the Superior Court that a party cannot benefit from the presumptions of liability in the Civil Code of Quebec when there is no contractual relation between the parties. In such cases, the rules of extra-contractual liability apply, […]

In Desjardins Sécurité financière v. Hébert, the Court of Appeal reminds us of an essential condition often overlooked in order to claim disability insurance benefits: the obligation to be under the care of a medical team and to receive medical treatment, a contextualization of the obligation to mitigate one’s damages. The Court also considers the […]