Archives

September 16, 2016 – Grégoire v. Les Placements Monfer Inc., [2016] QCCQ 4845. The Court had to decide whether the injury suffered while exiting a motor vehicle constitutes a motor vehicle accident under the rules on compensation in the Automobile Insurance Act (the “Act”) or if it falls within the jurisdiction of the general civil liability regime. On February...

September 16, 2016 – Saint-Hilaire v. Québec (City of), [2016] QCCQ 4510. The Court was seized of a liability claim against the City of Quebec (“City”) instituted by Ms. Saint-Hilaire and Mr. Gonthier following the massive presence of black particles in their home’s water. Ms. Saint-Hilaire and Mr. Gonthier first noticed the presence of the black particles in February...

September 16, 2016 – Beaurivage v. Dauplaise, [2016] QCCS 2315. The Court had to decide whether the insurer could be absolved of its obligation to defend by applying an exclusion clause as a result of a gross fault committed by the insured. On April 21, 2011, after a goal had been scored during a hockey match, an altercation took...

August 22, 2016 – The insured’s obligation to cooperate with his insurer is now a well-established concept in Quebec law. In a decision rendered May 25, 2015, the Court of Appeal reminded us of the importance of this obligation, ruling as follows on the full extent of its scope:  [Translation] “The insured must answer any questions asked by the...