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  • Breach of a performance guarantee – The insurer has no obligation to take up the defence

    January 21, 2019 – 9071-3975 Québec inc. v. Leprohon inc., 2018 QCCS 3434 Professional liability insurance | Applicable exclusion clauses | No loss LeProhon inc. (“the Insured”) was sued for $7,873,728 and filed a claim to order Federated (“the Insurer”) to take up its defence in an action brought against it by  9071-3975 Québec inc. (“Lucyporc ”). Read More
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  • Disciplinary complaint and letter from a Syndic to the Collège des médecins du Québec inadmissible in evidence!

    January 21, 2019 – Dahan v. Poirier, 2018 QCCQ 5154 Professional and medical liability |Disciplinary process | Production of evidence | Lack of relevance | Striking out of allegations | Exclusion of exhibits Dr. Paul Poirier (“the Defendant”), was sued for medical malpractice by Abdallah Ali Dahan (“the Claimant”), and filed an application to strike certain allegations from the Amended Originating Motion and requested...
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  • Joinder of multiple actions against a manufacturer

    July 05, 2018 – In Industrielle Alliance, assurances auto et habitation inc. vs. Usines Giant inc.1, the Court had to rule on the procedural validity of a joinder of multiple claims, all involving the same water-heater manufacturer, Giant, in a single legal action. Industrielle Alliance, duly subrogated in the rights of its insureds, had in fact instituted a legal action by...
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  • Webinar – Insurance Claims and Quebec’s Civil Code

    May 14, 2018 – Steps to Take to Avoid Problems and Resolve Claims in La Belle Province Recorded Wednesday, June 13, 2018 To view the recording, please click here. Each province in Canada has its own way of managing claims through the court process. But when it comes to Quebec, the Civil Code presents insurers with a completely different...
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