Publications
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Liability insurance, professional activities and gross fault: the Québec Court of Appeal sets the record straight
On August 2, 2012, the Court of Appeal rendered a major decision on professional liability insurance . As a result of this ruling, insureds and insurers alike should review the wording of such policies, especially gross fault exclusions and the definition of "professional activities". The (…)
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The Supreme Court clarifies the parameters for assessing whether a commercial representation is false or misleading: The average consumer is credulous and inexperienced
This publication was co-authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. Lavery follows the evolution of consumer law closely. Its specialized expertise in the fields of retailing and class actions has been (…)
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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 Chicken, the Egg, the Producer - the Quebec Court of Appeal Knows Which Came First!
One more lengthy battle in a legal saga has just come to an end. Indeed, on June 4, 2008, the Court, comprised of Quebec’s Chief Justice, Michel Robert, and Justices Jacques Chamberland and Louis Rochette, rendered a unanimous judgment.To set the stage, consider a salmonella outbreak in (…)
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The Court of Appeal on the concept of intentional fault: insurers have a heavy burden of proof
On May 12, 2006, the Court of Appeal rendered a decision in a case involving the concept of intentional fault. This judgement once again further complicates the idea of an intentional fault committed by an insured.
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Beware of Allegations of Fraud in Insurance: Words Fly Away, Writing Remains!
Beware of Allegations of Fraud in Insurance: Words Fly Away, Writing Remains!
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Nullity of an Insurance Contract and Criminal History: Clear and Specific Questions Must Be Asked
Nullity of an Insurance Contract and Criminal History: Clear and Specific Questions Must Be Asked
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Exclusion Raised Belatedly Without a Problem!
Exclusion Raised Belatedly Without a Problem!
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Not Telling the Truth is Not Necessarily Lying (Art. 2472 C.C.Q.)
Not Telling the Truth is Not Necessarily Lying (Art. 2472 C.C.Q.)
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Statutory Examinations: Their Use Before the Courts is Not Automatic
Statutory Examinations: Their Use Before the Courts is Not Automatic
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Selling your house is an insured personal activity
Selling your house is an insured personal activity