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October 13, 2016 – Ferme Vi-Ber inc. v. Financière agricole du Québec, [2016] CSC 34. The Supreme Court had to determine the nature of the plan between Ferme Vi-Ber inc. et al. (the “appellants”) and La Financière agricole du Québec (“La Financière”), to determine whether it could be considered a contract, and if so, whether it is governed by the...
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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...
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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...
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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...