Publications

Donati Maisonneuve, Quebec, October 19, 2017 – In the recent decision of Wärtsilä Canada Inc. v. Transport Desgagnés Inc., 2017 QCCA 1471, the Quebec Court of Appeal decided that the trial judge had erred in law by determining that the contract between the parties was governed by the Quebec Civil Code as opposed to Canadian maritime law and as such, reduced the...

Donati Maisonneuve, Quebec, September 11, 2017 – Ace European Group Ltd. v. Canadian National Railway Company, [2017] QCCS 2531 Ace European Group Ltd. (“Ace”) claimed 593,606 USD from Canadian National Railway Company (“CN”) as compensation for an insurance claim after two subway cars under its care were derailed. The Facts Ace is the insurer for Bombardier Transportation Canada (“Bombardier”). Bombardier had asked CN to...

Donati Maisonneuve, Quebec, September 11, 2017 – Poulin v. Humania Assurances inc., [2017] QCCQ 4227 Ms. Sophie Poulin (“Poulin”) claimed $15,000 in disability insurance benefits from her insurer, Humania Assurances inc. (“Humania”). The Facts On November 5, 2013, Poulin completed an insurance proposal with a broker authorized to offer Humania products. The 17th question of the proposal reads as follows: “Over the last two...

Donati Maisonneuve, Quebec, September 11, 2017 – Gervais v. Chaput, [2017] QCCS 752 Christian Chaput (“Chaput”) submitted a claim to force his insurer, Promutuel Vallée du St-Laurent (“Promutuel”) to assume his defence for the damages suffered by his spouse and children. The Facts Ms. Valérie Gingras (“Gingras”) and her sons, Benjamin and Laurick, were passengers aboard a boat that was being driven by Chaput...