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 place. According to the Plaintiff, Marc Beaurivage (“Beaurivage”) he was allegedly hit by Mathieu Dauplaise (“Dauplaise”), and suffered a facial injury and a concussion. As a result of the damages claimed by Beaurivage, La Capitale Assurances Générale Inc. (“La Capitale”) is refusing to defend the insured, Dauplaise, citing the application of an exclusion clause for reasons of gross fault on Dauplaise’s part.