Insurance Law

There is a theory in civil liability called “assumption of risk”. This well-enshrined notion is based on the premise that an individual who willingly participates in a risky or dangerous activity and is aware of the inherent risks associated thereto cannot claim damages if he is injured when this risk or danger materializes. Two recent […]

Profile of Rachel Clément Rachel Clément is a partner, and co-chair of our Insurance Law Group. In addition to conducting her practice and ensuring the group’s leadership, she plays a key role in managing our client relationships, especially with major clients in Quebec and Ontario as well as in London. An active member of the […]

This paper was written under a partnership with the Montreal Association of Insurance Women. Quebec’s Automobile Insurance Act, CQLR c A-25 [Act], is the object of abundant jurisprudence. The courts are frequently called upon to determine the field of application of the State regime, the object of which is to facilitate prompt compensation of the […]

The recent decision in Nguyen c. Succession de Durand, 2022 QCCS 3224 provides a useful illustration of the legal principles which apply in the event of a claim for damages for latent defects. The Superior Court reiterated that a buyer’s obligation to inspect a residence prior to purchase is limited in scope and that the […]

On August 12, 2022, in Palmer v. Teva Canada Ltd., 2022 ONSC 4690, the Ontario Superior Court of Justice dismissed an application for authorization to bring a class action against the manufacturers of a hypertension drug sold under the generic name of valsartan. The application was filed in 2018, a few days after the manufacturers […]

In the recent case of Bridor inc. c. 90784497 Québec inc., 2022 QCCS 2496, the Superior Court ruled on the fundamental distinctions between a Builder’s Risk policy and a liability insurance policy. Bridor inc. [Bridor] had retained the services of Construction Milkado [Mikado] as a construction manager to oversee the expansion of its plant. In […]

While looking for a home, you fall for a century-old residence: what should you do? Make sure you carry out certain verifications before closing the sale. Although the legal warranty of quality applies regardless of the building’s age, courts generally have more stringent expectations towards buyers of older properties. The Superior Court illustrated this in […]

This webinar was presented on June 13, 2022, as part of our firm’s annual lectures on insurance law. Description With jurisdiction on claims of $15,000 or less, the Small Claims Division of the Court of Québec hears nearly 15,000 cases each year. Whether the object is an account, bodily injury, latent defects, or an insurance […]

On March 28, RSS obtained a favourable decision on behalf of its client in Kabeya c. Compagnie d’assurance-vie RBC [RBC], 2022 QCCS 1035. In this decision, the Court concluded that a life insurance policy was null and void due to a false declaration by the insured regarding his Canadian citizenship status. The Court also considered […]

The Honourable Steve J. Reimnitz of the Superior Court recently revisited the rules regarding fraud and the warranty for latent defects in the case of St-Pierre c. Benoit, 2021 QCCS 5491. The Facts In 2015, the plaintiffs purchased a property from the defendant built by the latter in 1993–1994. This contract was concluded following the […]