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Donati Maisonneuve, Quebec, March 14, 2017 – Lizotte v. Aviva, Compagnie d’assurance du Canada, 2016 SCC 52 The Supreme Court was called to rule again on litigation privilege. The Court had to examine whether the concept applied to the appellant, the assistant syndic of the Chambre de l’assurance de dommages (“the Syndic”), in the context of an investigation into the wrongful professional conduct...
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Donati Maisonneuve, Quebec, February 16, 2017 – Maison Jean-Yves Lemay Assurances inc. v. Bar et spectacles Jules et Jim inc., [2016] QCCA 1494. The Court of Appeal had to decide, in a situation where a building was inaccurately valued by the appraiser, whether the broker that had insured the building that caught fire was responsible for the damages incurred as a result...
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Articles
Loan Insurance – Foot Pain – Definition of the Term “Total Disability” Under the Insurance Contract
Donati Maisonneuve, Quebec, February 16, 2017 – Bourdeau v. Desjardins Sécurité Financière, [2016] QCCQ 10602. The Court was asked to rule on whether Michel Bourdeau (“Bourdeau”) could be considered totally disabled under the insurance coverage issued by Desjardins Sécurité Financière (“Desjardins”), that is to say, if he is able to work normally in terms of quantity, quality, and duration. In 2007, Bourdeau... -
Donati Maisonneuve, Quebec, February 16, 2017 – Fortin v. Humania, compagnie d’assurances inc., [2016] QCCQ 12079. The Court was asked to rule on a claim filed by Jean-Niel Fortin (“Fortin”) regarding his right to compensation under a disability insurance policy issued by Humania, compagnie d’assurances inc. (“Humania”) in the event of an accident and his right to compensatory damages. Read more.