Publications

Stein Monast, Quebec, April 19, 2022 – The argument often raised to justify certain decisions of a procedural nature is that the principle of proportionality set out by the legislator in the Code of Civil Procedure (“C.C.P.”) must be upheld. However, we should exercise caution and avoid relying solely on this principle, particularly when deciding whether to appoint a joint expert. At...

Stein Monast, Quebec, March 24, 2022 – Does the insured’s duty to cooperate allow an insurer to access data stored on their cellphone? The Court of Quebec recently ruled on this issue in Murray v. Promutuel de l’Estuaire, société mutuelle d’assurance générale. André Murray (“Murray”) sued his insurer, Promutuel de l’Estuaire, Société mutuelle d’assurance Générale (“Promutuel”) after his vehicle was allegedly stolen....

Stein Monast, Quebec, March 24, 2022 – The Blais v. Ivari  case concerns Jacques Blais (“Blais”), a financial security advisor and insurance representative who stopped working in January 2013 due to illness. As the holder of a life and disability insurance policy (“the Policy”), he received full disability benefits, as well as benefits for loss of residual income, namely to supplement initial...

Stein Monast, Quebec, February 17, 2022 – Self-insurance is not defined under the Civil Code of Québec. Does that make the practice illegal in Quebec? Is an entity that practises self-insurance exempt from obtaining an authorization from the Autorité des marchés financiers? The Superior court answers these questions in l’Association générale des étudiants hors campus de l’Université du Québec à Trois-Rivières (AGEHCUQTR)...