Legal columns

The “Procedural” Obligation to Defend Punitive Damages and an Injunction

05/03/2024
Introduction The Court of Appeal[1] upheld the trial level judgment ordering an insurer, pursuant to a Wellington Application, to defend…

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How to force the sharing of defence costs between insurers

04/23/2024
In a second judgment on this issue[1],the Court of Appeal has settled it: an insured, whose defence is entirely assumed…

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The good faith framework: A notion with blurry outiline limitations

03/01/2024
INTRODUCTION The purpose of the rules governing public calls for tenders is to ensure the fairness of the contract award…

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Loss in a Condominium: Who is to Pay for the Depreciation?

03/01/2024
A recent decision1 regarding the application of depreciation is worth better knowing. This case especially concerns the relationship between a…

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Collecting sales taxes : our civil courts will not allow it

11/03/2023
October 2023 – In Construction VX Inc. c. Lainco Inc.[1], the Superior Court of Quebec confirmed that sales taxes had…

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The Insured Is Not Always Whom You Think

06/06/2023
March 2023 – The concept of insurable interest[1] provides an answer to the two (2) essential questions that an insurer…

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Corroded flexible pipe: who is responsible?
Finally, a clear answer to this question!

03/02/2023
February 2023 – Case law Summary – The case La Capitale assurances générales inc. v. Construction Mckinley inc., Société d’assurance…

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The Court increases the pressure on subrogatory proceedings

04/23/2022
April 2022 – Sécurité Nationale compagnie d’assurance c. Bel Bro inc., 2022 QCCS 723 (Granosik, j.) The Superior Court of Québec was…

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An In-depth Investigation is Required Before Denying Coverage!

03/30/2022
Fall 2021 – All contracts are governed by a requirement of good faith. An insurance policy is particular as its…

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The Court of Appeal of Saskatchewan rules: a liability insurer must indemnify before a worksite insurer

05/28/2021
Spring 2021 – A construction contract usually contains a clause by which the owner and the general contractor both take…

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An Insured’s Omission to Cooperate is Penalized

02/07/2020
Mai 2016 — “An insured’s omission to cooperate, which is specified in article 2471 C.C.Q. is rarely penalized. A recent…

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Reserve Letter

02/07/2020
Juillet 2015 — «“In the current context in which insurers are increasingly requested to assume the defence of their insured,…

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Solidary liability between an insurer and its insured, a constantly evolving notion

02/07/2020
Octobre 2014 — “…an insurer and its insured may be held separately liable for the total amount of the obligation.…

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Loss of earning capacity in connection with bodily injury: gross income or net income?

02/07/2020
Février 2013 — “…we have been witness to an emerging contradictory tendency in case law, as several trial level judges…

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The confidentiality of the report of a claims adjuster or an investigator whose services are retained by an insurer is reaffirmed by the Court of Appeal

02/07/2020
Mai 2012 — “Last March 6, in a unanimous decision, the Court of Appeal reaffirmed the fact that an insurer…

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