Publications

McKercher LLP, Saskatchewan, September 11, 2017 – In the recent decision of Saadati v. Moorhead, 2017 SCC 28, the Supreme Court of Canada clarified the evidentiary requirements for a plaintiff to prove mental injury in a negligence claim. Previously, it was commonly understood that establishing mental injury required proof of a recognized psychiatric illness through expert evidence establishing both the injury and...

Donati Maisonneuve, Quebec, September 11, 2017 – Ace European Group Ltd. v. Canadian National Railway Company, [2017] QCCS 2531 Ace European Group Ltd. (“Ace”) claimed 593,606 USD from Canadian National Railway Company (“CN”) as compensation for an insurance claim after two subway cars under its care were derailed. The Facts Ace is the insurer for Bombardier Transportation Canada (“Bombardier”). Bombardier had asked CN to...

Donati Maisonneuve, Quebec, September 11, 2017 – Poulin v. Humania Assurances inc., [2017] QCCQ 4227 Ms. Sophie Poulin (“Poulin”) claimed $15,000 in disability insurance benefits from her insurer, Humania Assurances inc. (“Humania”). The Facts On November 5, 2013, Poulin completed an insurance proposal with a broker authorized to offer Humania products. The 17th question of the proposal reads as follows: “Over the last two...

Donati Maisonneuve, Quebec, September 11, 2017 – Gervais v. Chaput, [2017] QCCS 752 Christian Chaput (“Chaput”) submitted a claim to force his insurer, Promutuel Vallée du St-Laurent (“Promutuel”) to assume his defence for the damages suffered by his spouse and children. The Facts Ms. Valérie Gingras (“Gingras”) and her sons, Benjamin and Laurick, were passengers aboard a boat that was being driven by Chaput...