Future Electronics Inc. (Distribution) Pte Ltd. c. Chubb Insurance Company of Canada, 2020 QCCS 3042 — Successfully acted as lead defense counsel in the first Canadian ruling on the interplay between the social engineering fraud, computer fraud, and funds transfer fraud insuring clauses of a commercial crime policy. The insured’s claim for coverage for a multi-million dollar social engineering fraud loss was dismissed.
SOS Remorques inc. c. Énergir, 2020 QCCS 9 — Successfully acted as lead defense counsel in this trigger of coverage dispute, and secured the dismissal of the insured’s claim for defense and indemnity in respect of a seven-figure loss.
Brunette v. Legault Joly Thiffault, s.e.n.c.r.l., 2018 SCC 55 — Successfully defended a firm of tax lawyers before the Supreme Court of Canada in conjunction with another partner and associate from our firm. The team obtained the dismissal of a claim for over $50 million for alleged negligence in corporate structuring and tax planning transactions.
Peracomo Inc. v. TELUS Communications Co., 2014 SCC 29, April 23, 2014 — Successfully represented Royal & Sun Alliance Insurance Company of Canada before the Supreme Court of Canada along with another partner from the firm. The Court recognized that a fisherman who had severed a submarine fiber-optic cable had committed wilful misconduct that allowed the insurer to deny coverage.
GreCon Dimter inc. v. J.R. Normand inc., 2005 SCC 46 — Successfully represented German manufacturer Grecon Dimter before the Supreme Court of Canada. The Court gave effect to the choice of forum clause contained in a contract with a Quebec purchaser. The Court allowed appeal on behalf of Grecon Dimter and concluded that the Quebec courts should have declined jurisdiction.
Stormbreaker Marketing and Productions Inc. c. Weinstock, 2013 QCCA 69 — Represented a Quebec company in a case involving the Quebec courts’ jurisdiction to rule on a breach of his fiduciary duties by an attorney residing in the United States. The Court of Appeal ruled in favour of Nick’s client.
Canadian National Railway Company c. Chartis Insurance Company of Canada (Commerce and Industry Insurance Company of Canada), 2013 QCCA 1271 — Successfully represented the insurer in the case that led to the first Quebec law judgment on the relationship between insureds and insurers involving an excess liability policy with a self-insured retention (S.I.R.) provision.
Velan inc. c. GCAN Insurance Company, 2012 QCCA 1490 — Represented an insurer denying coverage in a product liability claim of over $2 million. The Court of Appeal agreed with Nick’s argument that the loss was not a damage under the policy.
Boiler Inspection and Insurance Company of Canada c. H.A. Simons Ltd., 2011 QCCA 1194 — Successfully defended H.A. Simons and other parties against a claim of over $8 million along with another partner from the firm. The Court of Appeal ruled that there was no de jure subrogation between the excess insurer and the insured, thus denying the claim.
