Publications

Donati Maisonneuve, Quebec, December 08, 2017 – Wilson v. Bisson Gaudreau, 2017 QCCS 3522 The Commission scolaire de la région de Sherbrooke (“CSRS”) filed a motion for dismissal of the statement of claim by Eric Wilson (“Wilson”) by asserting that the bodily injury he suffered was caused by an automobile. The Facts A number of exhibitors gathered for a car show organized by the...

Donati Maisonneuve, Quebec, November 13, 2017 – Gendron v. Équipements Yves Landry Inc., 2017 QCCQ 2563 Claude Gendron (“Gendron”) claimed $15,000 from Équipements Yves Landry Inc. (“Équipements”) for damages after falling in the company’s warehouse. The Facts On May 29, 2013, Gendron went to Équipements to make a purchase. During this visit, an Équipements employee led Gendron to the back of the warehouse and...

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...