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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...
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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...
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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,...