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Stein Monast, Quebec, September 25, 2020 – Bédard Martin v. Intact, compagnie d’assurance inc., 2019 QCCS 5708 On the night of May 13 to 14, 2003, a fire completely ravaged a restaurant belonging to Solange Martin Bédard (“the insured”). At the time of the loss, the establishment was insured by Axa Assurances inc. (“Axa”). Following the fire, the insurer refused to compensate...
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Cox & Palmer, Nova Scotia, September 25, 2020 – The parties were involved in a motor vehicle accident. At the time of the accident the Plaintiff, MacDonald, worked as a registered nurse. At trial, Justice Murray found that MacDonald’s injuries left her unable to perform her own or any comparable job, and awarded her damages totalling $760,933.00. Critically, the Court also held that MacDonald’s... -
Donati Maisonneuve, Quebec, August 24, 2020 – Regarding insurance matters, several time limits govern relationships between parties. For example, following a loss, the insured party has an obligation to notify their insurer as soon as they become aware of it. In light of the current circumstances, even though most Canadian provinces are starting to resume their regular activities, it’s easy to imagine...
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Stein Monast, Quebec, August 19, 2020 – On March 15, 2020, the Honourable Nicole Duval Hesler, then Chief Justice of Quebec, and Sonia Lebel, then Minister of Justice, agreed to suspend the extinctive prescription and limitation periods in civil matters until the health emergency declaration expires1. Close to four months later, on July 13, 2020, the Honourable Manon Savard, now Chief Justice...
