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A Municipality’s Failure to Open a Traffic Lane Despite its Commitments to a General Contractor – The Municipal Insurer’s Obligation to Take up the Defence – Real Nature of the Claim Against the Municipality – The Terminology Used in the Proceedings is Not Overriding

April 2018 Donati Maisonneuve, Quebec

9173-1521 Québec Inc. v. Municipalité de Saint-Georges-de-Clarenceville, 2017 QCCS 4399

In the framework of the dispute between 9173-1521 Québec Inc. (the “Plaintiff”) and the Municipality of Saint-Georges-de-Clarenceville (the “Municipality”), the latter party asked its civil liability insurer, La Mutuelle des municipalités du Québec (“MMQ”), to take up its defence. It also claimed the reimbursement of fees related to its defence.

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