Publications
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A judge grants application to dismiss medical resident’s recourse for a second time and, of his own motion, considers declaring her quarrelsome
On November 15, 2024,1 in Bouchelaghem v. Université Laval,2 Superior Court Mr. Robert Dufresne granted an application for dismissal on the grounds of res judicata and abuse. His judgment is a reminder of the importance of the presumption of judgments’ validity and stability, principles linked to (…)
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Serious Illness Insurance Coverage: An Applicant Hides His True Health Condition in Order to Deceive the Insurer
Recently,1 Justice Isabelle Germain of Quebec’s Superior Court ruled on a case involving insurance fraud in the matter of Paul-Hus v. Sun Life Canada, compagnie d’assurance-vie2. This ruling illustrates that applicants must answer the insurer’s questions honestly; should an applicant try to mislead (…)
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Sales without legal warranty at the buyers’ risk: Clarity is key
On July 15, 2022, Justice François Lebel of the Court of Québec rendered a decision1 confirming that, in the case of the sale of immovable property, a clear and unambiguous exclusion clause, whereby the warranty is waived at the buyer’s risk, results in a break in the chain of title preventing the (…)