Archives

July 26, 2023 – On March 9, 2023, the Hon. Jacques G. Bouchard, J.C.S. dismissed an appeal in warranty brought by the Attorney General of Québec (the “AGQ”), in right of Québec’s Ministry of Transport, Sustainable Mobility and Transport Electrification (the “MTQ”), against its design engineer, WSP Canada Inc. (“WSP”) in connection with a project to replace culverts on...

July 26, 2023 – It is common practice to include a hypothecary security clause in a home insurance policy at the request of the creditor. Such a clause constitutes a separate contract between the insurer and the hypothecary creditor, which may enjoy more extensive coverage to protect its interest in the property. Accordingly, any provisions of the insurance policy...

July 26, 2023 – Betterment, ACV, and depreciation are important considerations in resolving a first party claim.  The question we often see on the subrogation side of claims is whether a party must accept an ACV settlement on the tort claim, and whether claimants can be forced to take reductions for betterment and depreciation. What comes as a surprise...

May 25, 2023 – Since most civil dispute cases are settled before they ever go to trial, understanding the settlement process is crucial for everyone involved. By having a deep understanding of how the settlement process works, parties can engage in effective negotiations and reach mutually agreeable resolutions, without the need for costly and time-consuming litigation. But what happens...