Publications

Stein Monast, Quebec, March 21, 2024 – In 2005, the plaintiffs purchased a commercial building built in 1965 and carried out extensive renovations. In 2014, a fire gutted the building, which had been insured by the defendant. In the end, the plaintiffs decided not to rebuild. The defendant agreed to compensate them in the amount of $726,709.22, i.e., a sum equivalent to...

Stein Monast, Quebec, October 03, 2023 – Any misrepresentation or concealment of facts concerning the risk to be insured can lead to nullity of the insurance policy[1], also known as nullity ab initio. However, in the case of deceitful representation of a loss, the consequence is forfeiture of the right to an insurance indemnity[2], although the insurance policy remains valid. In a...

Stein Monast, Quebec, July 26, 2023 – On March 9, 2023, the Hon. Jacques G. Bouchard, J.C.S. dismissed an appeal in warranty brought by the Attorney General of Québec (the “AGQ”), in right of Québec’s Ministry of Transport, Sustainable Mobility and Transport Electrification (the “MTQ”), against its design engineer, WSP Canada Inc. (“WSP”) in connection with a project to replace culverts on...

Stein Monast, Quebec, July 26, 2023 – It is common practice to include a hypothecary security clause in a home insurance policy at the request of the creditor. Such a clause constitutes a separate contract between the insurer and the hypothecary creditor, which may enjoy more extensive coverage to protect its interest in the property. Accordingly, any provisions of the insurance policy...