Archives

August 29, 2012 – The appellants argued the certification judge erred in determining a class action would be the preferable procedure in light of the number of individual issues that remain outstanding. The Court found it is not unusual to have a class action where liability turns on a determination of the common issues, but where individual damages may...

August 06, 2012 – John Deere Limited v. Promutuel Lac St-Pierre – Les Forges, S.C. Richelieu, 765-17-000982-100, July 17, 2012, L. Lacoursière For the first time, the Superior Court has clarified the status of a creditor under a non-automobile insurance policy, in this instance an agricultural policy. John Deere was named as the creditor on Promutuel’s policy. John Deere...

July 31, 2012 – SSQ, société d’assurances générales inc. v. Alain Crytes, (C.Q., Maniwaki, No. 565-22-000081-089), 2012 march, 12, Fournier J. In the context of an action seeking sanctions for misrepresentation, the Court of Quebec has recognized that statements made by the insured during a polygraph test can be used as evidence. On March 21, 2012, Judge Fournier ruled,...

July 14, 2012 – There has been a lot of commentary in the media about naïve Canadians inadvertently failing to provide full disclosure on their applications for travel and disability insurance.  A CBC Marketplace episode highlighted a number of situations where people completed insurance applications, thinking they were covered in case of illness or medical expenses.  In the broadcast,...