Publications
-
Read more
When a tree falls: The Supreme Court of Canada confirms the large and liberal interpretation that must be given to Quebec’s Automobile Insurance Act
In a unanimous decision rendered on June 22nd, the Supreme Court of Canada confirms the principles previously established by the Court of Appeal: Quebec’s Automobile Insurance Act ("Act") must be given a large and liberal interpretation. In this case, the Court confirms that the mere use of a (…)
-
Read more
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, (…)
-
Read more
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 (…)
-
Read more
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 (…)
-
Read more
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 (…)
-
-
Read more
In the Wake of Domtar: Manufacturers' and Professional Vendors' Liabilities - Separate Defences
In one of the first decisions in Quebec since the landmark Domtar case, the Québec Court of Appeal has refined the parameters of the liability of a professional vendor and of a manufacturer for a latent defect. In this case, Joseph Élie Limitée had sold an oil tank manufactured by Réservoirs (…)
-
Read more
Who is Insured in the Blended Family Era?
On September 27, 2007, Mr. Justice Jean-Guy Dubois of the Superior Court rendered a judgment interpreting the definition of the word “insured” in an insurance policy, more particularly as regards the exclusion of damages caused to a [Translation] “person living under the same roof (…)