Publications
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The policyholder and the insurer may agree to unilaterally modify the provisions of a group insurance policy
The La Capitale ruling had been expected since 2009, when the Superior Court authorized a class action against an insurer who had unilaterally modified the waiver of premiums clause in a group insurance contract in 2001.
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A decision “of interest” from the Court of Appeal of Québec
The notion of insurable interest is fundamental to insurance law as it is at the very heart of the validity of this contract. The lack of insurable interest leads to the nullity of the insurance policy and justifies the insurer’s refusal to indemnify its insured. In a decision rendered on March 2, (…)
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What if what was published on Facebook was admissible as evidence?
The advent of social networks such as MySpace, Facebook, Diaspora, Photobucket, Twitter, You Tube and others has brought significant changes to social relationships. In Quebec alone, more than 3,250,000 persons have a profile on Facebook. In 2010, the use of social media intensified in Quebec; (…)
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The Superior Court rules – The immunity is upsheld – to be continued...
The Fire Safety Act came into force on September 1, 2000. Its purpose is to implement organizational arrangements pertaining to fire safety within the regional county municipalities and major urban centres in Quebec. Section 8 of the Act requires them to establish a fire safety cover plan which must (…)
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Sexual abuse and prescription: The Supreme Court intervenes in an action governed by Quebec law
On October 29, 2010, the Supreme Court rendered a very brief judgment in the case of Christensen v. Roman Catholic Archbishop of Québec and ordered the file be remanded to the Superior Court to assess the evidence in order to determine whether the civil liability action brought in the context of a (…)
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Exclusions of work performed by the insured new interpretation and duty to defend
On September 23, 2010, the Supreme Court of Canada issued an unanimous judgment in the case of Progressive Homes Ltd. v. Lombard General Insurance Co. of Canada, reversing two lower Court judgments of British Columbia which had concluded that the insurer, Lombard, had no duty to defend the general (…)
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The Mont Saint-Sauveur Case: Is the Court of Appeal Thinking Outside the Box in the Assessment of Damages?
On August 25th, the Court of Appeal, for the reasons of Justice Nicholas Kasirer, rendered a significant decision with regard to the duty of care required from ski instructors and the assessment of damages awarded to a victim who developed a serious neurological disorder resulting from a ski (…)
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Hidden Defect, reduction in the purchase price and liability insurance coverage
On June 2, 2010, the Quebec Court of Appeal confirmed the Superior Court’s decision, which dismissed the insured’s action in warranty against his liability insurer under his home owner’s policy. The insured alleged that the purchasers’ claim for reducing the purchase price due to a hidden defect was (…)
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Hot Fire Cases: the Goodfellow Case: “The Dormant Fire”, and Café Luxor Case: “Between Two Fires”
In February and March 2010, the Superior Court rendered two interesting decisions in cases involving fires. We will review these decisions, which have a number of features in common, including the considerable sums of money at stake, the lengthy time period between the loss and the trial, and the (…)
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Liability Insurance and Reconstituted Families: Where Does the Court of Appeal Stand?
In August 2009, the Court of Appeal issued a judgment in which it ruled on the following interesting practical issues relating to liability insurance: What is the appropriate procedural vehicle for a liability insurer to exercise recourse against another insurer in situations where there is (…)
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The Court of Appeal authorizes an insurer to institute a subrogatory recourse as a preventive measure
On May 14, 2009, the Court of Appeal put an end to a controversy in the case law on the interpretation by Article 216 C.C.P. concerning the procedural means available to the insurer to protect its subrogation rights. The Court considered the following question: “Can an insurer, who is being sued by (…)
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The Warranty of Quality did not Cover Just the Fireplace !
On April 20, 2009, the Court of Appeal issued its judgment in three related cases concerning a defect in a fireplace that caused a fire resulting in the partial loss of the building owned by Alpha’s insureds. Alpha sued the immediate seller to its insureds as well as the prior owners under the rules (…)
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A Fly in the Water Bottle: The Supreme Court Defines Reasonable Foreseeability in Negligence Actions
On May 22, 2008, the Supreme Court of Canada rendered its decision in a case involving the notion of reasonable foreseeability in negligence actions. This judgment, written by the Chief Justice, confirms that tort law must compensate harm done on the basis of reasonable foresight, and must not be (…)