Publications

Donati Maisonneuve, Quebec, January 21, 2019 – Ville de Québec v. Socomec Industriel inc. and Zurich and Intact v. Réfrabec inc. and Industries Samson inc. and Lloyd’s, 2018 QCCS 3878 Industriel Samson inc. (“Samson”), the claiming party in sub-warranty, presented a Wellington Motion in an effort to force its insurer, Les Souscripteurs du Lloyd’s (“Lloyd’s”) to take up its defence in a dispute against Zurich...

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...