Publications

April 25, 2022

Amendments to the categories of contracts covered by the exemptions to the obligation of an insurer to assume an insured’s defence—the Regulation to come into force

On April 20, 2022, the government issued Order in Council 656-2022, which makes significant amendments to the Regulation respecting categories of insurance contracts and classes of insureds that may derogate from the rules of articles 2500 and 2503 (the “Regulation”). The original version of the (…)

January 27, 2022

The Supreme Court of Canada’s Decision in Prelco: The Application of Limitation of Liability Clauses in Case of a Breach of a Fundamental Obligation of a Contract

Introduction Non-liability clauses are often included in many types of contracts. In principle, they are valid and used to limit (limitation of liability clause) or eliminate (exoneration clause) the liability of a party with respect to its obligations contained in a contract. The recent unanimous (…)

September 24, 2021

Limitation of insurer’s duty to defend: The Draft Regulation specifying the categories of contracts covered is published

On September 8, 2021, Mr. Éric Girard, Minister of Finance, presented his Draft Regulation specifying the classes of liability insurance contracts that may derogate from public policy rules previously applicable to liability insurance (the “Draft Regulation”), namely those set out in articles 2500 (…)

July 19, 2021

Bill 78 and the notion of ultimate beneficiary

Bill 78 was introduced in December 2020 by Minister Jean Boulet and given assent on June 8, 2021. It amends the Act respecting the legal publicity of enterprises (the “Act”) and its regulation, the Regulation respecting the application of the Act respecting the legal publicity of enterprises (the (…)

July 13, 2021

Insurer’s Duty to Defend: The Court Rules in a Case of Contractual Breach

The question of insurers’ duty to defend is back in the spotlight. On March 18, 2021, the Superior Court once again considered the issue in its application of the law to facts relevant to the dispute.1 Facts In April 2016, Cégerco Inc. (“Cégerco”), a general contractor, retained the services of (…)

December 18, 2020

Insurer's Duty to Defend: Bill 82 Opens the Door to Possible Limitations

On December 11, 2020, the Minister of Finance, Éric Girard, introduced and tabled Bill 82 entitled An Act respecting mainly the implementation of certain provisions of the Budget Speech of 10 March 2020 (hereinafter the “Bill”) before the National Assembly.  The Bill opens the door to possible (…)

October 8, 2020

The Unforeseen Benefits of Driverless Transport during a Pandemic

The COVID-19 pandemic has been not only causing major social upheaval but disrupting business development and the economy as well. Nevertheless, since last March, we have seen many developments and new projects involving self-driving vehicles (SDV). Here is an overview. Distancing made easy thanks (…)

February 20, 2020

Three key points about the Regulation respecting damage insurance brockerage

On December 13, 2019, the Regulation respecting damage insurance brokerage (the “Regulation”), adopted under the Act respecting the distribution of financial products and services (“ARDFPS”), came into force. The Regulation includes the following changes: New titles for firms and qualification (…)

February 13, 2020

Bill 141: Checklist on insurance products offered via the internet and distribution without a representative

Download your checklist A major reform of the financial sector and, more specifically, of the standards surrounding the practice of professionals governed by the Autorité des marchés financiers (the “AMF”) is now applicable under the Act mainly to improve the regulation of the financial sector, (…)

January 14, 2020

Are you protected against phishing email?
What the Court of Appeal said in insurance matters

Phishing fraud is a rampant problem that causes major losses throughout the world. It consists in bad actors sending emails in which they falsely claim to be a trusted third party or legitimate company in order to obtain confidential information from the recipient for the purpose of committing (…)

October 11, 2019

Insurers’ Duty to Defend: The Court of Appeal makes a new ruling

The Court of Appeal of Quebec was once again called upon to rule on a Wellington type application aiming to force an insurer to defend its insureds1. Over the years, the scope of this duty has developed extensively in case law. In this particular case, the Court ordered that defence costs be (…)

October 3, 2019

Autonomous Air Vehicles : Are they at the gates of our cities?

For many years now, we have been discussing the arrival of autonomous vehicles on Quebec roads. Thus, in April 2018, the government amended the Highway Safety Code1 to adapt it to the particularities of these new vehicles However, the automotive sector is not the only one being transformed by (…)

May 8, 2019

Bill 141 and divided Co-ownerships: What changes in insurance for co-owners?

On June 13, 2018, Bill 141, An Act mainly to improve the regulation of the financial sector, the protection of deposits of money and the operation of financial institutions (hereinafter referred to as the “Act”), received assent. This reform has a significant impact on certain laws governing the (…)