Publications

Donati Maisonneuve, Quebec, March 23, 2016 – Allard v. Intact, compagnie d’assurances, 2015 QCCS 5533 The claim for damages was denied because the costs related to the work needed to correct the latent defect is not covered by the insurance policy. Furthermore, the claim for legal fees is a prescribed right. Finally, Intact Insurance did not commit a fault that could justify...

Kelly Santini LLP, Ontario, February 17, 2016 – If after school specials are to be believed, a bully is a neighbourhood tough demanding lunch money. In our ever changing society this antiquated notion no longer holds sway: bullying has moved from the lunch room into the online world. With this shift, the definition of bullying has become somewhat amorphous. Now, not only does...

Donati Maisonneuve, Quebec, February 17, 2016 – Bouchard v. Promutuel du Lac au Fjord, 2015 QCCS 5202 The Court granted a motion for permission to conduct an examination on discovery of third parties in the context of a claim for damages. The defendant, Promutuel du Lac au Fjord (hereinafter, “Promutuel”), refused to indemnify the plaintiff, Stéphane Bouchard (hereinafter, “Bouchard”), after his vehicle...

Donati Maisonneuve, Quebec, February 17, 2016 – Lamy v. Sun life du Canada, compagnie d’assurance-vie, 2015 QCCA 1821 The trial judge was not wrong to prefer the expert report presented by the insurer over the medical attestations of the insured’s attending physician, or to conclude that the insured was not completely disabled as defined in the insurance policy. Read more