Publications

Donati Maisonneuve, Quebec, January 21, 2019 – 9071-3975 Québec inc. v. Leprohon inc., 2018 QCCS 3434 Professional liability insurance | Applicable exclusion clauses | No loss LeProhon inc. (“the Insured”) was sued for $7,873,728 and filed a claim to order Federated (“the Insurer”) to take up its defence in an action brought against it by  9071-3975 Québec inc. (“Lucyporc ”). Read More

Donati Maisonneuve, Quebec, January 21, 2019 – Dahan v. Poirier, 2018 QCCQ 5154 Professional and medical liability |Disciplinary process | Production of evidence | Lack of relevance | Striking out of allegations | Exclusion of exhibits Dr. Paul Poirier (“the Defendant”), was sued for medical malpractice by Abdallah Ali Dahan (“the Claimant”), and filed an application to strike certain allegations from the Amended Originating Motion and requested...

Fillmore Riley LLP, Manitoba, December 17, 2018 – In 2014, the Supreme Court of Canada in Bhasin v. Hrynew recognized good faith as the general organising principle of the common law of contract and that the duty of honest performance of a contract was a manifestation of the general organizing principle. This holds true in the insurance realm and this duty of an...

Cox & Palmer, New Brunswick, Newfoundland & Labrador, Nova Scotia, Prince Edward Island, December 17, 2018 – A question that we frequently hear from our colleagues in the insurance industry is: what benefits can we deduct in tort claims seeking damages for loss of income? Consider the plaintiff who has suffered a disabling injury and is unable to work as a result of either a slip and fall accident or an automobile...