Newsletters

109

The “care, custody or control” exclusion clause, as reviewed and discussed by the Supreme Court of Canada

A hotel operator offers travellers to park their car in its parking lot while they’re on their winter vacation. A car is stolen while its owner is away. The hotel operator’s liability is at stake. Must one conclude that the car was under its care, which would deprive it of insurance coverage under the “care, custody and control” clause?

That is what the Supreme Court of Canada’s had to decide in 3091‑5177 Québec inc. (Éconolodge Aéroport) v. Lombard General Insurance Co. of Canada, 2018 SCC 43, released on October 19.

Click here to read more (PDF).

See also Mr. Henry’s comments on the Court of Appeal’s decision.

109

Authors

Patrick Henry

Lawyer, Partner

Articles in the same category

Even Judicial Discretion Has its Limits

On January 25, 2024, in the Liquidation de Groupe Dessau inc., the Superior Court of Québec rejected a settlement approval request in the context of the voluntary liquidation of several entities of the Dessau-Verreault-LVM Group (“Dessau“). This judgment addresses the limits of the discretionary powers of the court in voluntary liquidation matters. Overview of the […]

The Pool Floats, the Claim Sinks

In the recent decision Piscines Élégance – Québec inc. v. Comtois, 2023 QCCS 4574, the Superior Court reiterates the rules governing a contractor’s obligation to inform his customer in the context of a fixed-price consumer contract for which hefty extras were billed. Piscines Élégance – Québec Inc. (“Piscines“) is claiming from defendant Comtois (“Comtois“) the […]

Apostille: A Simplified Process for International Legalisation of Documents

On January 11, 2024, a new procedure came into effect for the legalisation of documents issued throughout Canada (including Québec) and which are destined to be produced before foreign authorities, whether they be supporting documents for administrative purposes such as the issuing of permits or full-fledged pieces of evidence used as exhibits in international Court […]

The Defect Was Well Hidden, but Is That Enough?

In Cvesper v. Melatti, the Court of Appeal reminds us of the importance of a timely notice to the vendor in cases of latent defects as tardiness or omission to do so may fatally impact the purchaser’s recourse The Facts Essentially, in May 1980, Appellant, Mrs. Cvesper, purchased a property consisting of a multi-unit building […]

Theft Is Not Negligence

In a recent decision, the Quebec Court of Appeal upheld the ruling of the Honourable Chantal Corriveau of the Superior Court that a party cannot benefit from the presumptions of liability in the Civil Code of Quebec when there is no contractual relation between the parties. In such cases, the rules of extra-contractual liability apply, […]

Company Found Guilty of Criminal Negligence Causes Death to Its Truck Driver

Last August 11, the Quebec Court of Appeal dismissed the appeal and upheld the trial judge’s decision finding CGF Construction Inc. (the “employer”) guilty of criminal negligence causing death1. The victim in question, a truck driver with over 25 years’ experience, died after losing control of the employer’s heavy container truck, which flipped over on […]