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Homeowner Insurance Policy: The Importance of Living in the Insured Dwelling

By Stéphanie Beauchamp, from our Insurance Law Practice Group PDF June 17, 2021 — The Superior Court recently rendered an interesting decision in Dang c. Industrielle-Alliance, assurance auto et habitation inc., 2021 QCCS 1408, emphasizing the importance for the insured to give a thorough declaration of the risk to the insurer. In this case, the plaintiff […]

A Wellington Application First Requires a Covered Loss

By Mariella De Stefano, from our Insurance Law Practice Group PDF June 8, 2021 — In Construction Placo inc. c. Kingspan Insulated Panels Ltd., 2021 QCCS 1230, rendered on March 18, 2021, Construction Placo inc. [Placo], as cross-defendant, sought an order from the Court requesting Société d’assurance générale Northbridge [Northbridge] to assume its defence and to […]

The Wellington Application and the Right to Choose One’s Lawyer

By Marcel-Olivier Nadeau, from our Insurance Law Practice Group Mr. Nadeau was representing Intact assurances and Desjardins assurances and in that case. PDF May 6, 2021 — In Pelletier c. Gauthier (Decision issued April 13, 2021 by the Honourable Jocelyn Pilote, j.c.s., C.S. – 150-17-004304-207), defendants Gauthier et Simard filed a Wellington application against Intact Compagnie […]

Tough Collective Agreement Negotiations: Are Employees Really “Without a Contract”?

By Eliab Taïrou, from our Labour and Employment Law Group PDF April 30, 2021 — “The Port of Montreal’s longshoremen have been without a contract since December 2018.” Throughout successive labour disputes, including the current one between the Maritime Employers Association and the longshoremen of the Port of Montreal, you have probably already read or heard in […]

Access to Documents Used by an Insurer to Deny Coverage

By Jeanine Guindi, from our Insurance Law Practice Group PDF April 29, 2021 – Is an insurer compelled to release to its insureds all documents, especially expert reports, used to substantiate a decision to deny coverage? In Gauvreau c. Promutuel Assurance, 2020 QCCAI 347, two insureds had filed a claim with their insurer following an incident […]

“Smile, You’re on Camera”: Towards an Increased Use of Employee Monitoring Tools for Teleworking?

By Eliab Taïrou, from our Labour and Employment Law Group PDF March 15, 2021 — It is well known that a major part of labour law consists of balancing the rights and interests of the employer with those of the employees. One of the evolving and topical aspects of this balancing act is the question of […]

Does the Pay Equity Act Really Correct the Gender Pay Gap?

By Marianne Poliquin, from our Labour an dEmployment Law Group PDF March 8, 2021 — The short answer? No. First, pay equity is different from equal pay. The notion of equal pay means equal pay for equal work, whereas pay equity involves looking for equal pay, but for a different job deemed equivalent. The purpose of […]

The Defence of Res Judicata Is Permitted Even in Cases With Different Legal Grounds and Legally Distinct Parties

By Alice Bourgault-Roy, from our Insurance Law Practice Group PDF March 1, 2021 — In a decision rendered by the Court of Quebec (still unpublished as of this writing) on January 22, 2021 in 9174-0886 Québec inc. c. Rochette, RSS successfully presented a motion alleging abuse of proceedings in a related case dismissed at the preliminary […]

The Quebec Court of Appeal Confirms the Application of the Short Time Limitations of the Cities and Towns Act to Long Tail Environmental Claims and Neighborhood Disturbances

By Eloïse Robichaud, from our Insurance Law Practice Group PDF February 25, 2021 — On December 15, 2020, the Quebec Court of Appeal issued an important judgment concerning the short six-month time limitation period of s. 586 of the Cities and Towns Act [CTA] in Ville de Brossard c. Belmamoun, 2020 QCCA 1718. In August 2013, […]

A Mediation or Arbitration Clause Can Deprive a Court of Its Jurisdiction over a Class Action

By Catherine Jobin, from our Insurance Law Practice Group in Saguenay PDF version When an insurance policy has a valid dispute resolution clause, the Court must decline to hear the matter and refer it to a mediator or arbitrator, even if the matter relates to a class action, as was decided by the Superior Court […]