Archives

September 16, 2016 – Beaurivage v. Dauplaise, [2016] QCCS 2315. The Court had to decide whether the insurer could be absolved of its obligation to defend by applying an exclusion clause as a result of a gross fault committed by the insured. On April 21, 2011, after a goal had been scored during a hockey match, an altercation took...

August 22, 2016 – The insured’s obligation to cooperate with his insurer is now a well-established concept in Quebec law. In a decision rendered May 25, 2015, the Court of Appeal reminded us of the importance of this obligation, ruling as follows on the full extent of its scope:  [Translation] “The insured must answer any questions asked by the...

August 16, 2016 – Fennelly v Lloyd’s Underwriters, 2016 NLTD(G) 1. Fennelly’s fishing vessel suffered physical damage in January, 2006. He sought payment under a Marine Insurance policy, issued by Lloyd’s Underwriters. The policy insured the vessel for $500,000 against total loss, whether actual or constructive. Lloyd’s denied coverage, stating that the repair costs were less than $500,000. Read...

July 24, 2016 – Roy c. Lefebvre, [2016] QCCA 660. This involves two appeals from a judgment handed down by the Superior Court granting a motion to institute proceedings filed by Douglas Robinson (“Robinson”) and solidarily condemning the appellants, Pierre Roy (“Roy”), Lafortune & Associés Inc. and André Lefebvre (“Lefebvre”) to pay him the amount of $1,200,010, being equivalent...