Publications

Kelly Santini LLP, Ontario, September 16, 2016 – State Farm Mutual Automobile Insurance Company v Aslan et al., 2016 ONSC 2725 In this case, State Farm sought an order to compel each respondent to attend an examination under oath (examination) pursuant to section 33 of the Statutory Accident Benefits Schedule – O. Reg 34/10 (Schedule). At issue was whether State Farm had provided...

Donati Maisonneuve, Quebec, September 16, 2016 – Grégoire v. Les Placements Monfer Inc., [2016] QCCQ 4845. The Court had to decide whether the injury suffered while exiting a motor vehicle constitutes a motor vehicle accident under the rules on compensation in the Automobile Insurance Act (the “Act”) or if it falls within the jurisdiction of the general civil liability regime. On February...

Donati Maisonneuve, Quebec, September 16, 2016 – Saint-Hilaire v. Québec (City of), [2016] QCCQ 4510. The Court was seized of a liability claim against the City of Quebec (“City”) instituted by Ms. Saint-Hilaire and Mr. Gonthier following the massive presence of black particles in their home’s water. Ms. Saint-Hilaire and Mr. Gonthier first noticed the presence of the black particles in February...

Donati Maisonneuve, Quebec, September 16, 2016 – Beaurivage v. Dauplaise, [2016] QCCS 2315. The Court had to decide whether the insurer could be absolved of its obligation to defend by applying an exclusion clause as a result of a gross fault committed by the insured. On April 21, 2011, after a goal had been scored during a hockey match, an altercation took...