Insurance Law

An Important Decision in Product Liability and the Obligations of Diligence and Transparency The Court of Appeal recently rendered a decision in CCI Thermal Technologies Inc. c. AXA XL (XL Catlin), 2023 QCCA 231, concerning the liability of the manufacturer and the apportionment of liability between the parties. This case involved twenty separate fires caused […]

On March 28, 2023, the Superior Court of Quebec partially granted a motion to dismiss the case, dealing with the notions of legal subrogation, conventional subrogation and prejudice. This judgment, Gouvernement de la Nation Crie / Cree Nation Government c. 9327-1781 Québec inc., 2023, reminds us that it is essential for a non-insurer to agree […]

The scope and protection afforded to a mortgage creditor by the standard mortgage endorsement was again analyzed by the Court of Appeal in Roma Capital inc. 2023 QCCA 307. It should be noted that in this decision rendered on March 7, 2023, the Court of Appeal was hesitant since the decision was rendered on a […]

On February 3, 2023, in Bolduc v. SSQ Assurance, 2023 QCCS 266, the Superior Court once again reminded the insurance industry that strict compliance with the rules governing the drafting of exclusion clauses, particularly in the case of suicide, is essential to avoid unfortunate consequences for insurers. The Facts in Dispute On November 23, 2006, […]

The Facts La Capitale was claiming reimbursement of more than $137,000 in compensation paid to its insureds following water damage that occurred in their home on February 2, 2017. La Capitale was thus suing the general contractor who built the residence in 2012, the distributor of the faucet whose flexible pipe failed, as well as […]

Was there a sufficient insurable interest for this insured whose building housed a printing business owned by a different entity with the same shareholder? On January 12, 2023, the Honourable Dominique Poulin of the Superior Court of Quebec answered this question in a decision on the notion of insurable interest: 9208-9499 Québec inc. c. Royal […]

Updated on August 2, 2023 Following the dismissal of his appeal by the Quebec Court of Appeal, Mr. Desmeules Beaumont filed an application for leave to appeal to the Supreme Court of Canada. On June 22, 2023, the Supreme Court of Canada dismissed Mr. Desmeules Beaumont’s application for leave to appeal, thereby confirming the decision […]

With unpredictable weather at an all-time high, cities and municipalities are facing increased claims resulting from pedestrian falls. Even on sunny days, cities are not immune from potential risks, as was the case in a recent decision rendered by the Court of Quebec in Unlusoy v. Ville de Sainte-Anne-de-Bellevue 2022 QCCQ 9681. As highlighted by […]

This culinary specialty of British origin was the focus of a decision of the Superior Court (McKnight v. Promutuel Assurances Boréale, 2020 QCCS 71) confirmed just before Christmas 2022 by the Court of Appeal (Promutuel Assurance Boréale v. McKnight, 2022 QCCA 1735). This decision is interesting with respect to two aspects that we have previously […]

On December 20, 2022, in Dang c. Industrielle-Alliance, assurance auto et habitation inc., 2022 QCCA 1739, the Court of Appeal maintained the Superior Court judgment which was the topic of our bulletin of June 17, 2021 (Homeowner Insurance Policy: The Importance of Living in the Insured Dwelling). The Superior Court Decision Appellant was the sole […]