Paquin v. Gilbert, 2015 QCCS 5387
The Wellington motion was denied, namely because the wastewater seepage from the insured’s septic systems, which constitutes the basis for the plaintiff’s complaint, is a pollution risk under the insurance policy and this risk is excluded from the insurance coverage. The plaintiff (“Paquin”) is taking legal action against her neighbours, Maxime Gilbert (“Gilbert”) and Karina Berniquez (“Berniquez”). She claims that they are responsible for a leak from their septic installations which has resulted in an accumulation of water containing coliforms of faecal origin, and which is preventing her from selling her property for a fair price.