Newsletters

Finally Properly Interpreted, the Policy Had a Heart

In a recent decision, Morissette v. BMO Société d’assurance vie, the Superior Court reviewed the principles applicable to the interpretation of insurance policies. Facts In June 2003, the Plaintiff took out a health insurance policy (hereinafter “Policy”) with BMO Société d’assurance vie (hereinafter “BMO”). The Policy provides, among other things, that $150,000 will be paid […]

When the Remedy Becomes the Dispute: Medical Liability Under Scrutiny

In the case N.L. v. Mathieu, 2025 QCCS 517, the Superior Court dismissed a medical liability lawsuit filed by a teacher against her former family doctor, in which she sought over $1.9 million in damages. The plaintiff accused her doctor of having inappropriately prescribed medication over several years, without proper follow-up and without informing her […]

Bill 89 and the Future of Labour Disputes in Quebec

Passed by the National Assembly on May 29, 2025, Bill 89 (An Act to give greater consideration to the needs of the population in the event of a strike or a lock-out, hereinafter the “Bill”) will come into force on November 30, 2025. The Bill, which has faced strong opposition from unions, will bring significant […]

Latent Defects: Notice Must Be Given, but to Whom, When and How? The Court of Appeal Answers

On this past September 26, in the context of a claim for latent defects, in the matter of Meyer v. Pichette (Estate of Morin), 2025 QCCA 1193, the Court of appeal confirmed a Superior Court judgment which dismissed proceedings in warranty brought against former vendors as sufficient notice of the defects was not provided prior […]

You Should Not Believe Everything you Read on Social Media…

In a recent decision, Boucal v. Rancourt-Maltais, the Superior Court reviewed the principles applicable to defamation cases. Facts The Defendant is a member of a private Facebook group called “Féministes Bas-St-Laurent”. In this group, Ms. Khadidiatou Yewwi allegedly posted testimony about the Plaintiff. Stating that she was troubled by the testimony and had herself heard […]

The Window of Conflict and Police Officers

In the case of Souccar v. Pathmasiri, rendered on June 11, the Quebec Superior Court was called upon to decide on a civil liability claim regarding an allegedly abusive arrest and detention. The dispute arose from a condominium disagreement concerning the installation of windows. Police Intervention In July 2016, window installers hired by the condominium […]

Same Approach, Same Result… Yet Again!

Last June, we published a newsletter following the decision rendered in Michel Grenier v. Me Julie Charbonneau, Roger Picard and Conseil de discipline de l’Ordre des psychologues du Québec. This decision followed the filing by the Defendants of Motions to Dismiss, which were granted by the judge of the Superior court. At the time the […]

Is Planned Obsolescence Finally Coming to an End on October 5, 2025?

While a dishwasher from the 1980s can still run smoothly, many newer models seem to break down after just a few cycles! The 2023 adoption of the Act to Protect Consumers Against Planned Obsolescence and to Promote the Durability, Repairability and Maintenance of Goods1 (hereinafter the “Anti-Obsolescence Act“), which modified the Consumer Protection Act2 (the “C.P.A.“), aimed […]

Caution Regarding Appeal Deadlines in Bankruptcy and Insolvency Matters!

In its recent decision in Syndic de Bopack inc. (2025 QCCA 909), the Quebec Court of Appeal reaffirmed the principle that, in matters governed by the Bankruptcy and Insolvency Act, the deadline for filing a notice of appeal is ten days from the date of the judgment. This principle is particularly important to bear in mind, as in […]

Who Must Be Represented by a Lawyer? Beware of Sanctions!

In civil matters, self-represented litigants are increasingly common before the Quebec courts. This possibility is expressly provided for in article 23 of the Code of Civil Procedure (“C.C.P.”), which allows any person to be self-represented. However, this right is subject to several exceptions outlined in article 87 C.C.P., which provides mandatory legal representation in certain […]

Latent and Costly Defects

Can buyers of a property with latent defects resell it and claim from their seller the difference between the two transactions? This is one of the questions addressed by the Superior Court in Ouellette c. Blais, 2024 QCCS 1025, upheld by the Court of Appeal on May 26, 2025. The Facts: Charmed by a large […]

If it is Excluded, No Obligation to Defend Rules the Court of Appeal

The Québec Court of Appeal has just issued an important decision for the insurance industry: Intact Insurance Company v. Hydromec Inc., 2025 QCCA 803, overturning a Wellington-type order that had been granted at first instance. A quick reminder: a Wellington motion allows an insured to compel their insurer to take up their defense as soon […]
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