Publications

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...

Stein Monast, Quebec, March 28, 2023 – In June 2014, a fire broke out at the mobile home of Christine McKnight (the “Insured”). Her insurer, Promutuel Assurance Boréale (the “Insurer”), denied her claim and refused to compensate her, stating that it believed the Insured had intentionally caused the fire herself. The trial judge partially granted the Insured’s claim against the Insurer, deeming...