Publications

Donati Maisonneuve, Quebec, November 25, 2019 – Gendron v. CA Transport Inc., 2019 QCCQ 2427. This dispute occurred between Lucie Gendron and Sylvain Motard (hereinafter, “the plaintiffs”) and CA Transport Inc. (hereinafter, “the defendant”) following a fall by Réal Gendron. The defendant tried to counter the action of the defendants by filing an application to dismiss. The main issue involved knowing whether the accident...

Donati Maisonneuve, Quebec, November 25, 2019 – Rizqy v. Échelon, compagnie d’assurances générales, 2019 QCCQ 2073. This dispute occurred between Zakaria Rizqy (hereinafter, “the plaintiff” or “Mr. Rizqy”) and Échelon, Compagnie d’assurances générales (hereinafter, “the defendant” or “Échelon”) when Echelon refused to indemnify the plaintiff after his vehicle was presumed to have caught fire. In this case, the main issues involved knowing whether Mr....

CBM LLP, Cox & Palmer, SVR Lawyers, Alberta, New Brunswick, November 15, 2019 – In some instances, claims handlers and adjusters must decide if the insurer has a duty to defend a claim or if the claim falls outside of the coverage offered through the insurance policy. In some cases the decision may be clear, while in others, the duty to defend may fall in to a gray area....

Stein Monast, Quebec, October 29, 2019 – Just recently, the Court of Appeal had to consider once again the notions of “loss of the work” and of “poor workmanship” within the meaning of Sections 2118 and 2120 of the Civil Code of Québec (“C.c.Q.”), outlining their distinctiveness1. FACTS In this instance, the Applicant, Société des vétérans polonais de guerre du Maréchal J....