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Litigation Privilege Does Not Protect From Disclosure Of Evidence Showing An Abuse Of Process Or Similar Blameworthy Conduct

September 25, 2020

Bédard Martin v. Intact, compagnie d’assurance inc., 2019 QCCS 5708

On the night of May 13 to 14, 2003, a fire completely ravaged a restaurant belonging to Solange Martin Bédard (“the insured”). At the time of the loss, the establishment was insured by Axa Assurances inc. (“Axa”). Following the fire, the insurer refused to compensate the insured on grounds that the fire had been deliberately set by the insured and her son, Jean-Claude Martin (“Martin”). The insured had taken action against her insurer Axa, claiming an insurance benefit, among other things.

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