Publications

Northpoint Legal, March 14, 2017 – Introduction Generally, the rules of civil procedure mandate broad disclosure during the discovery process. The “rationale behind a broad discovery process is that it advances the due administration of justice” and helps to narrow the scope of the dispute by disclosing all of the fundamental issues.1 Broad disclosure rules also serve to reduce surprise, “leading...

Donati Maisonneuve, Quebec, March 14, 2017 – Roy v. Québec (Attorney General), 2016 QCCS 5475 The plaintiff was accused of driving under the influence and being above the legal alcohol limit. Less than two months later, criminal charges were brought against him, but proceedings were stayed four years after the charges were laid. He then instituted legal action for damages against the...

Donati Maisonneuve, Quebec, March 14, 2017 – Cadotte v. Industrielle Alliance assurances et services financiers, 2016 QCCS 5603 The Court had to decide whether Dr. Louis Cadotte (“Dr. Cadotte”) should continue to collect partial disability insurance benefits from his insurer, Industrielle Alliance assurances et services financiers (“Industrielle”). Accordingly, it had to decide whether or not Dr. Cadotte was still living with a...

Donati Maisonneuve, Quebec, March 14, 2017 – Montréal (Ville de) v. Compagnie d’assurances Coseco, 2016 QCCA 2062 The Court of Appeal reversed a decision finding the City of Montreal (the “City”) liable on grounds that the trial judge committed an error of law in the application of the presumption under article 1465 of the Civil Code of Québec (“CCQ”). Relevant Facts By...