Insurance Law

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 […]

On March 2, 2022, the Hon. Lukasz Granosik of the Superior Court dismissed a subrogation claim by Sécurité Nationale compagnie d’assurance based on the absence of legal and conventional subrogation: Sécurité Nationale compagnie d’assurance c. Bel Bro inc., 2022 QCCS 723. The Context The plaintiff, Sécurité Nationale, an insurer, was suing a general contractor for […]

After missing the net on his first attempt, the Minister of Finance has scored a goal with his second effort at drafting regulations identifying liability insurance contracts that are exempt from Quebec’s public order “defence in addition to limits” requirement. Overview On May 5, 2022, a revised, long-overdue regulation [Regulation][1] will come into force that […]

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 […]