Publications

Donati Maisonneuve, Quebec, June 17, 2016 – Graillon v. Agence du revenu du Québec, 2016 QCCQ 430 The Court of Quebec rejected the appeal of two notices of assessment because the private group insurance purchased by a university student through his student union does not exonerate him from paying the basic premium for the public system under the Act respecting prescription drug...

Donati Maisonneuve, Quebec, June 17, 2016 – Hamideh v. Industrielle Alliance, assurances et services financiers inc., 2016 QCCS 631 When an insurance policy is up for re-issue, there is a positive obligation to disclose lumbar pain, a medical investigation in progress, and a request for worker’s compensation from the CSST to the insurer. In December 2008, the Plaintiff, Mr. Bilal Hamideh, took...

Donati Maisonneuve, Quebec, June 17, 2016 – Forest v. Industrielle Alliance (L’), assurances et services financiers inc., 2016 QCCS 497 After eight days of hearings over which many experts were heard, and where medical reports and a video surveillance recording were produced, the insured testified in a wheelchair, wearing sunglasses, while “wrapped” in a sleeping bag. The Court concluded that the insurer...

Fillmore Riley LLP, Manitoba, May 19, 2016 – What is the meaning of “faulty workmanship” in the context of a homeowners’ policy?  This was the question addressed by the Ontario Court of Appeal in Monk v. Farmers’ Mutual Insurance Company (Lindsay), 2015 ONCA 911. In 2008, the insured homeowner hired a contractor to restore the exterior of her log home.  The restoration work...