Maher c. Construction Hamel inc., [2016] QCCS 2209.
The Superior Court was seized of a motion to dismiss submitted by Construction Hamel inc. (“Hamel”) in respect of an action in damages in the amount of $205,511.06 instituted by plaintiffs Lucie Maher and Philippe Bussières (the “plaintiffs”) on the ground that the Court lacked the jurisdiction to hear the action. Hamel maintained that the damages incurred by the plaintiffs were of a physical nature and were the result of an accident as defined in the Automobile Insurance Act (the “Act”). The Court rejected Hamel’s motion to dismiss.