Archives

May 19, 2016 – Desjardins Sécurité financière, compagnie d’assurance vie v. Émond, 2016 QCCA 161 The Court of Appeal has confirmed that the scope of the expression “indictable offence” as it appears in section 2402 of the Civil Code of Quebec (“C.C.Q.”) is limited to unmitigated indictable offences. On July 8, 2009, the insured was killed following a motorcycle...

April 21, 2016 – British Columbia is in the process of rolling out a new dispute resolution mechanism for strata disputes and matters falling within the Provincial Court Small Claims jurisdiction ($25,000.00). The object of the Civil Resolution Tribunal (the “CRT”) is admirable. The aim is to provide convenient and cheaper access to justice through an online portal that...

March 23, 2016 – Much ink has been spilled on the BC courts’ decisions in Acciona Infrastructure Canada Inc. v. Allianz Global Risks US Insurance Company.1  But the lion’s share of the commentary has focussed on the defect exclusion at issue in that case, known as the LEG 2/96 exclusion, and the finding that it did not exclude damage...

March 23, 2016 – Bonneau v. Capitale (La), assurances, 2015 QCCQ 11662 The Court of Quebec, small claims division, allowed the plaintiff’s motion against his insurance company to receive disability insurance from his insurer. After suffering an impact to his right shoulder, Plaintiff Bonneau, a police officer for the City of Terrebonne, was on sick leave from April 15,...