Insurance Law

On April 13, 2022, in Globe technologie inc. c. Rochette, 2022 QCCA 524, the Court of Appeal confirmed a judgment obtained by RSS before the Court of Quebec dismissing an action at the preliminary stage based on the notion of res judicata. The Court of Appeal maintained the position defended by RSS and concluded that […]

On March 10, 2022, the Honourable Bernard Jolin of the Superior Court rendered a judgment dismissing three Wellington applications filed by Hydro-Québec against Lloyd’s Underwriters [Lloyd’s]: Perrotta c. Hydro-Québec, 2022 QCCS 1125. Context and Hydro-Québec’s Arguments In 2014, Hydro-Québec had retained the services of Transelec Common inc. [TCI] as a general contractor to perform certain […]

On January 12, 2022, in Crooks c. Nguyen, 2022 QCCS 55, the Superior Court awarded a $115,000 reduction of the purchase price and granted $14,600 in moral damages to the buyers of a house affected by several defects. This case reminds us of several important points on the seller’s warranty of quality. The claim relates […]

That question was answered by the Superior Court in Droit de la famille — 2260, 2022 QCCS 136, a decision of January 18, 2022. The fact that the case was a family law dispute influenced the Court’s approach. Separating parents were arguing about custody and parenting time for their three-year-old daughter. At the hearing, the […]

This paper was written under a partnership with the Montreal Association of Insurance Women. In 2018, the legislature incorporated new provisions into the Civil Code of Quebec to regulate insurance in matters of divided co-ownerships. One of these is article 1075.1 CCQ, which now prevents the insurer from being subrogated into the rights of the […]

On January 24, 2022, in 9104-2523 Québec inc.c. Syndicat des copropriétaires du 5701 de Normanville, 2022 QCCA 95, the Court of Appeal of Quebec affirmed a judgment that awarded $53,452.04 to syndicates of co-owners for the damages suffered by co-owners. The appellant is the builder of five buildings with residential units and shared parking spaces […]

The Court of Appeal of Quebec has rendered a very important decision just before the holidays in Michael Bruni Transport Inc.c. Aviva Insurance Company of Canada, 2021 QCCA 1979, reversing a decision of the Superior Court  (2018 QCCS 3520) and ordering the insurer to compensate its insured for the theft of its truck. This judgment […]

On December 17, 2021, the Court of Appeal of Quebec released a decision relating to the scope of coverage of damage to equipment comprised of several parts under a commercial property insurance policy in Intact compagnie d’assurance c. 9004-9693 Québec inc., 2021 QCCA 1901. The appeal gave the Court another opportunity to deal with the […]

Since the Supreme Court ruling in Rubis v. Gray Rocks Inn Ltd., 1982 CanLII 17 (SCC), [1982] 1 SCR 452, in 1982, personal injury claims have largely been determined on the basis of the concept of “trap”. Essentially, a trap is defined by the case law as a situation that has an inherent danger, which […]

On October 18, 2021, the Superior Court of Quebec rendered an important decision in Ordre des comptables professionnels agréés du Québec c. Procureur général du Québec, 2021 QCCS 4327, regarding the limitations of the duty of confidentiality applicable to chartered professional accountants [CPA]. Essentially, the Court concludes that section 17.0.1 of the Act respecting the […]