3457265 Canada inc. c. 9124-8948 Québec inc., [2016] QCCS 2462
On July 26, 2012, a helicopter belonging to 3457265 Canada inc. (“3457265 Canada”) crashed while defendant Sandro Ciccone (“Ciccone”), an employee of defendant 9124-8948 Québec inc. (“Hélico Pro”), was at the controls. In December 2015, Hélico Pro and Pierre Lamontange (“Lamontagne”), the directing mind of Hélico Pro, filed a claim in warranty against, amongst others, their insurance company, Allianz Global Assistance USA (“Allianz”) which, until that point, had always denied coverage. On the basis of Section 168 of the Code of Civil Procedure Code (“C.C.P.”) and the wording of the policy, Allianz asked the Court to dismiss the action in warranty at the preliminary stage. The Court dismissed Allianz’s motion.