Archives

March 21, 2024 – Is an insurance provider justified in invoking misrepresentation or an exclusion clause in the following situations: failure to disclose an employee’s criminal history to the insurance provider and failure to dismiss this employee on suspicion of involvement in prior thefts? Read More (en français)

March 21, 2024 – In 2005, the plaintiffs purchased a commercial building built in 1965 and carried out extensive renovations. In 2014, a fire gutted the building, which had been insured by the defendant. In the end, the plaintiffs decided not to rebuild. The defendant agreed to compensate them in the amount of $726,709.22, i.e., a sum equivalent to...

October 31, 2023 – On September 6, 2023, in Re Imanpoorsaid, 2023 QCCA 1111, the Court of Appeal clarifies the rules applicable to the return regime as provided for in the Civil Code of Québec, as well as the rules of evidence to be considered for proving same. In this case, Mrs. Deborah Carol Riddle is appealing the Superior...

October 03, 2023 – Any misrepresentation or concealment of facts concerning the risk to be insured can lead to nullity of the insurance policy[1], also known as nullity ab initio. However, in the case of deceitful representation of a loss, the consequence is forfeiture of the right to an insurance indemnity[2], although the insurance policy remains valid. In a...