Publications

Donati Maisonneuve, Quebec, September 16, 2016 – Saint-Hilaire v. Québec (City of), [2016] QCCQ 4510. The Court was seized of a liability claim against the City of Quebec (“City”) instituted by Ms. Saint-Hilaire and Mr. Gonthier following the massive presence of black particles in their home’s water. Ms. Saint-Hilaire and Mr. Gonthier first noticed the presence of the black particles in February...

Donati Maisonneuve, Quebec, September 16, 2016 – Beaurivage v. Dauplaise, [2016] QCCS 2315. The Court had to decide whether the insurer could be absolved of its obligation to defend by applying an exclusion clause as a result of a gross fault committed by the insured. On April 21, 2011, after a goal had been scored during a hockey match, an altercation took...

Stein Monast, Quebec, August 22, 2016 – The insured’s obligation to cooperate with his insurer is now a well-established concept in Quebec law. In a decision rendered May 25, 2015, the Court of Appeal reminded us of the importance of this obligation, ruling as follows on the full extent of its scope:  [Translation] “The insured must answer any questions asked by the...

Cox & Palmer, Newfoundland & Labrador, August 16, 2016 – Fennelly v Lloyd’s Underwriters, 2016 NLTD(G) 1. Fennelly’s fishing vessel suffered physical damage in January, 2006. He sought payment under a Marine Insurance policy, issued by Lloyd’s Underwriters. The policy insured the vessel for $500,000 against total loss, whether actual or constructive. Lloyd’s denied coverage, stating that the repair costs were less than $500,000. Read...