Downer v. Attorney General of Quebec, 2019 QCCS 1280.
Vanessa Downer, Wellington Downer and the Estate of the late Carole Downer (hereinafter, “the plaintiffs”) sued the Attorney General of Quebec (hereinafter, “the defendant” or “AGQ”) for four million dollars in punitive damages following a car accident that occurred on April 11, 2017. The defendant raised the inadmissibility of the motion in the absence of a legal basis. The main issue in this case involved knowing whether claiming punitive damages following a road accident is compatible with the no-fault liability system under the Automobile Insurance Act (hereinafter, the “AIA”).