Archives

January 20, 2022 – Fennelly v. Lloyd’s Underwriters, 2021 NLSC 160, involved an application by the First and Second Defendants, Lloyd’s Underwriters (“Lloyd’s”) and Anthony & Associates Inc. (“Anthony”), pursuant to Rule 40.11 of the Rules of the Supreme Court, 1986, S.N.L. 1986, c. 42, Sch. D, to dismiss the insured Plaintiff’s claim for want of prosecution. This was...

December 03, 2021 – In 9369-1426 Québec Inc. (Restaurant Bâton Rouge) c. Allianz Global Risks US Insurance Company, 2021 QCCA 1594, the Court of Appeal analyzed a mediation and arbitration clause contained in an insurance policy. Further to its analysis, it affirmed that the clause was legal and enforceable. Background In May 2020, Bâton Rouge Restaurant (“Bâton Rouge”) filed...

October 27, 2021 – In the recent case of Construction Placo Inc. v. Kingspan Insulated Panels Ltd. 2021 QCCS 1230, the Superior Court ruled in favour of the insurer in a “Wellington” application. Ms. Émilie Bilodeau and Mr. Nicolas Dubé discuss the situation. Read More (en français)

October 27, 2021 – Montréal’s Municipal Court (“Court”) recently decreed that vaping can be considered an offence according to article 443.1 of the Highway Safety Code (“HSC”) insofar as the vaper features a luminous screen displaying information and controls to operate (City of Montréal v. Nicolo, 2021 QCCM 73). According to this provision, “every driver of a road vehicle […] are...