Knowledge Centre

Sabean v. Portage La Prairie Mutual insurance Co., 2017 SCC 7 Sabean was awarded $465,400 for injuries suffered in an automobile accident. However, only $382,000 was recovered from the at-fault driver’s insurer. As a result, Sabean claimed $83,400 from his … Read more »

Québec (Attorney General) v. Services énergétiques Ecosystem inc., 2016 QCCS 6062 The defendant, Technologies CII Inc. (“CII”) asked for permission to be represented by the counsel of their choice, rather than by the lawyer assigned by their liability insurance provider, Société d’assurance … Read more »

Avon v. SSQ, société d’assurance-vie inc., 2016 QCCQ 13067 Pierre Avon (“Avon”) purchased a pair of tickets for a cruise that was set to sail out of Fort Lauderdale. When the aircraft operated by Allegiant Air experienced mechanical problems, his … Read more »

Are payments offered through a conciliation process designed to make moral amends covered by commercial general liability (CGL) insurance?  Such was the novel issue considered by the New Brunswick Court of Queen’s Bench in L’Évêque Catholique Romain de Bathurst v. Aviva … Read more »

Downer v Pitcher, 2017 NLCA 13 In this case, the Newfoundland and Labrador Court of Appeal considered the validity and enforceability of a full and final release involving two unrepresented individuals. Read More

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 … Read more »

Bergeron Girard v. Ski Bromont.com, s.e.c., 2016 QCCQ 13753 The Court had to decide whether Ski Bromont.com, société en commandite (“Ski Bromont”) should be considered liable for the damages suffered by Andrée-Anne Bergeron Girard (“Ms. Bergeron”) following a snowboarding accident … Read more »

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 … Read more »

Girard v. Ville de Baie-Comeau, 2016 QCCS 6541 Mr. Luc Girard (“Girard”) suffered a foot fracture when he crashed into a low wall at the bottom of a tube sledding hill. He initiated civil liability proceedings against the City of … Read more »

3457265 Canada Inc. v. 9124-8948 Québec Inc., 2016 QCCS 5791 The insureds, 9124-8948 Québec Inc. (“Hélico Pro”) and Pierre Lamontagne (“Lamontagne”) instituted a Wellington Motion against their insurer, Compagnie d’assurance Allianz Risques Mondiaux É.-U. (“Allianz”) seeking an order for it … Read more »