Archives

May 09, 2013 – Recently, the Court of Appeal rendered an interesting decision on the exclusion regarding construction used for illegal or criminal activities, specifying that the determining factor when analyzing of the application of such an exclusion is the use for illicit ends and not the extent of such use. The plaintiffs claimed $189,513 from their insurer after...

April 05, 2013 – Place Biermans inc. v. C. D., 2013 QCCA 64, 2010 QCCS 4170 On March 7,1999, C. D., aged 15, poured a can of gasoline on the floor of a shed that adjoined a shopping centre.  An hour later, he threw a match on it.  The resulting fire caused close to $6,000,000 in damage.  AXA Insurance...

February 20, 2013 – Immeubles Stageline Inc. v. Distribution Tapico Inc., 2012 QCCS 6319 In this case, the Superior Court entertained aWellingtonmotion presented by Tapico Inc. (“Tapico”) against its insurer to force the insurer to defend it against an action brought by Immeubles Stageline Inc. (“Stageline”).  Tapico had contracted with Stageline to supply carpet adhesive that Tapico would then...

September 23, 2012 – For nearly 35 years, Quebec drivers have been benefiting from a unique civil liability situation when it comes to driving a motor vehicle. The no-fault legal liability scheme for bodily injury and Quebec’s Direct Compensation Agreement for property damage create a financial safety net for Quebec residents and it can be easy to forget that...