Archives

March 14, 2017 – Lizotte v. Aviva, Compagnie d’assurance du Canada, 2016 SCC 52 The Supreme Court was called to rule again on litigation privilege. The Court had to examine whether the concept applied to the appellant, the assistant syndic of the Chambre de l’assurance de dommages (“the Syndic”), in the context of an investigation into the wrongful professional conduct...

February 16, 2017 – According to Statistics Canada, 2014 saw 149,900 total injuries resulting from motor vehicle accidents (“MVAs”) – including 1,834 fatalities.[1] When exploring the cause of these accidents, human error is typically to blame.[2] To combat these statistics, each year brings new technological advances to our consumer goods, and the auto industry is no exception. Cars are...

February 16, 2017 – Maison Jean-Yves Lemay Assurances inc. v. Bar et spectacles Jules et Jim inc., [2016] QCCA 1494. The Court of Appeal had to decide, in a situation where a building was inaccurately valued by the appraiser, whether the broker that had insured the building that caught fire was responsible for the damages incurred as a result...

February 16, 2017 – Bourdeau v. Desjardins Sécurité Financière, [2016] QCCQ 10602. The Court was asked to rule on whether Michel Bourdeau (“Bourdeau”) could be considered totally disabled under the insurance coverage issued by Desjardins Sécurité Financière (“Desjardins”), that is to say, if he is able to work normally in terms of quantity, quality, and duration. In 2007, Bourdeau...