Archives

June 17, 2016 – Forest v. Industrielle Alliance (L’), assurances et services financiers inc., 2016 QCCS 497 After eight days of hearings over which many experts were heard, and where medical reports and a video surveillance recording were produced, the insured testified in a wheelchair, wearing sunglasses, while “wrapped” in a sleeping bag. The Court concluded that the insurer...

May 19, 2016 – Rosenstein v. Guarantee Company of North America, 2015 QCCS 5672 An insurer that suffers harm linked with its duty to defend following a late notice of loss cannot be forced to assume the defence or costs related to the defense of the insured. On May 15, 2005, Kathryn Rosenstein and Hagop Artinian (the “parents”) instituted,...

May 19, 2016 – Grigoryan v. Commission scolaire de la Pointe-de-l’Île, 2015 QCCQ 10860 Just like a baseball bat or a hockey puck, a child’s shovel may be used by children for amusement purposes, especially in a school environment, as long as conditions for safe use are developed, communicated, and respected. On February 10, 2010, during recess period at...

May 19, 2016 – Troy v. Assurance-vie Banque Nationale, 2016 QCCQ 139 The insured was not required to disclose certain medical information due to the limited nature of the spectrum of information the insurance representative was attempting to collect. During a telephone conversation on November 17, 2009, Marylin Troy was asked if, since filling out the questionnaire one month...