Archives

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,...

March 23, 2016 – Technologies CII inc. v. Société d’assurances générales Northbridge, 2016 QCCA 41 The Court of Appeal allowed the appellant’s appeal and concluded that the respondent must assume its own defense and any related costs in the context of a claim for damages filed by the impleaded parties. In a Superior Court case, the appellant, Technologies CII,...

March 23, 2016 – Allard v. Intact, compagnie d’assurances, 2015 QCCS 5533 The claim for damages was denied because the costs related to the work needed to correct the latent defect is not covered by the insurance policy. Furthermore, the claim for legal fees is a prescribed right. Finally, Intact Insurance did not commit a fault that could justify...