Publications

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...

Donati Maisonneuve, Quebec, May 19, 2016 – Zaccardo v. Chartis Insurance Company of Canada, 2016 QCCS 398 A young hockey player and his insurance company are ordered to pay $8 million to a young man who was rendered paraplegic, and to his family, after he received a prohibited body-check during a hockey game. On October 3, 2010, during a Midget AA hockey...

Donati Maisonneuve, Quebec, May 19, 2016 – Desjardins Sécurité financière, compagnie d’assurance vie v. Émond, 2016 QCCA 161 The Court of Appeal has confirmed that the scope of the expression “indictable offence” as it appears in section 2402 of the Civil Code of Quebec (“C.C.Q.”) is limited to unmitigated indictable offences. On July 8, 2009, the insured was killed following a motorcycle...