Knowledge Centre

A Fake Investment Project Turns Sour – Class Action – Fraud – Insurance – How Might a Guilty Plea be Applied in a Quebec Civil Law Trial?

June 2019 Donati Maisonneuve, Quebec

Brown v. Roy, 2019 QCCS 534 – In this case, the Court is seized of two class actions opposing David Brown (“the Plaintiff” or “Brown”) as representative of the class interests and François Roy (“Roy”), Marc Jémus (“Jémus”), and Lloyd’s Underwriters (“Lloyd’s”). Key issues of contention involved determining whether the defendants, Roy, Jémus and Lloyd’s could be held liable, whether guilty pleas made in a criminal trial might constitute an extrajudicial admission in a civil law trial, whether exclusions in the insurance policy might be applied, and how much may be awarded for damages.

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