Insurance Law

Insurance Law / Newsletters

February 14, 2023

The boat disappears: the claim sinks!

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 […]
Insurance Law / Newsletters

January 26, 2023

Crisis averted on the Canal!

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 […]
Insurance Law / Newsletters

January 19, 2023

Dangerous “fish and chips”

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 […]
Insurance Law / Newsletters

January 13, 2023

An “Owner Occupant” Home Insurance Requires Actual Occupancy by the Owner

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 […]
Civil and Commercial Litigation / Insurance Law / Newsletters

December 14, 2022

Assumption of Risks in Sports: Two Recent Superior Court Decisions

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 […]
Insurance Law / Newsletters

November 17, 2022

Year-end portrait 2022 — Insurance Law

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 […]
Civil and Commercial Litigation / Insurance Law / Newsletters

November 16, 2022

Application of Quebec’s Automobile Insurance Act: New Rulings From the Court of Appeal

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 […]
Civil and Commercial Litigation / Insurance Law / Newsletters

October 26, 2022

Claims for Latent Defects: Limits to the Pre-Purchase Inspection Obligation and to the Amounts That Can Be Awarded in the Event of Liability

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 […]
Civil and Commercial Litigation / Insurance Law / Newsletters

September 15, 2022

“What if…?” The Fear of an Increased Risk of Cancer Is Not Compensable Damage Justifying a Class Action

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 […]
Insurance Law / Newsletters

August 26, 2022

A Reminder of the Basic Differences Between a Builder’s Risk Policy and a Liability Policy

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 […]
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