Publications

Donati Maisonneuve, Quebec, May 19, 2016 – Rosenstein v. Guarantee Company of North America, 2015 QCCS 5672 An insurer that suffers harm linked with its duty to defend following a late notice of loss cannot be forced to assume the defence or costs related to the defense of the insured. On May 15, 2005, Kathryn Rosenstein and Hagop Artinian (the “parents”) instituted,...

Donati Maisonneuve, Quebec, May 19, 2016 – Grigoryan v. Commission scolaire de la Pointe-de-l’Île, 2015 QCCQ 10860 Just like a baseball bat or a hockey puck, a child’s shovel may be used by children for amusement purposes, especially in a school environment, as long as conditions for safe use are developed, communicated, and respected. On February 10, 2010, during recess period at...

Donati Maisonneuve, Quebec, May 19, 2016 – Troy v. Assurance-vie Banque Nationale, 2016 QCCQ 139 The insured was not required to disclose certain medical information due to the limited nature of the spectrum of information the insurance representative was attempting to collect. During a telephone conversation on November 17, 2009, Marylin Troy was asked if, since filling out the questionnaire one month...

Donati Maisonneuve, Quebec, May 19, 2016 – Comité paritaire de l’industrie des services automobiles de la région de Montréal (CPA Montréal) v. Société d’assurances générales Northbridge (Lombard General Insurance Company of Canada), 2015 QCCA 2039 The Court of Appeal has confirmed that the amounts fraudulently collected by an employee are covered by the insurance policy and that, even if the dishonest acts...