The Lawyer’s Professional Liability – The insurer must pay all defence costs even if a substantial portion of them arises from a claim not covered by the policy
FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:July 2016
AUTHOR:
No Author
CATEGORIES:Articles, Knowledge Centre
Orenstein Little c. Fonds d’assurance responsabilité professionnelle du Barreau du Québec, [2016] QCCS 1450. Susan Orenstein Little (“Orenstein”) and Les Services Juridiques Orenstein Inc. (“Orenstein Inc.”) claimed defence costs in the amount of $563,061.04 from the Quebec Bar’s liability insurer, … Read more »
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Communicating Devastating Information to the Insurer – Liability of a plastic surgeon who knowingly discredited her patient and harmed her reputation, and that of the insurer involved in a partial investigation process which infringed the fundamental rights of the insured
FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:July 2016
AUTHOR:
No Author
CATEGORIES:Articles, Knowledge Centre
Dubé (Succession de) c. Tardif, [2016] QCCS 1811. The Superior Court ordered a plastic surgeon and an insurance company (in solidum) to pay $40,000 for moral damages caused to the insured who was the beneficiary of a disability insurance policy. … Read more »
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Expert Report on Employability – The Court orders the communication of personality test results and allows an expert report on employability under Article 231 C.C.P. in order to evaluate a person’s adaptation to a given set of circumstances
FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:July 2016
AUTHOR:
No Author
CATEGORIES:Articles, Knowledge Centre
Grandchamp c. St-Gabriel (Ville de), [2016] QCCS 289. Marthe Grandchamp (“Grandchamp”) sued the City of Saint-Gabriel (the “City”) for damages after she fell on city property. In order to provide a full and complete defence for the City, the Court … Read more »
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Helicopter Crash – Action in warranty against an insurer that refused to defend by invoking an exclusion which sterilized the insurance coverage, rendering it useless
FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:July 2016
AUTHOR:
No Author
CATEGORIES:Articles, Knowledge Centre
3457265 Canada inc. c. 9124-8948 Québec inc., [2016] QCCS 2462 On July 26, 2012, a helicopter belonging to 3457265 Canada inc. (“3457265 Canada”) crashed while defendant Sandro Ciccone (“Ciccone”), an employee of defendant 9124-8948 Québec inc. (“Hélico Pro”), was at … Read more »
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Wellington Motion – Dismissal of a Wellington Motion against an insurance broker because Article 2503 of the Civil Code of Quebec does not contemplate insurance intermediaries
FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:July 2016
AUTHOR:
No Author
CATEGORIES:Articles, Knowledge Centre
Lamontagne c. Intact, compagnie d’assurances (Compagnie d’assurances ING du Canada), [2016] QCCS 2247 – Statement of appeal and motion for leave to appeal filed June 15, 2016. Petitioners Geneviève Boisvert and Martin Lamontagne (together, the “petitioners”) filed a Wellington Motion … Read more »
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Treetop Adventure Course – A sports facility is found not liable after a client suffered major damages due to her own fault and lack of judgment
FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:July 2016
AUTHOR:
No Author
CATEGORIES:Articles, Knowledge Centre
Shields c. Stations de la Vallée de Saint-Sauveur inc., [2016] QCCS 1746. The Superior Court dismissed the claims for damages by Stacey Shields (“Shields”) and Michael Stefanich (“Stefanich”) against Les Stations de la Vallée de Saint-Sauveur inc. (“Saint-Sauveur”) following an … Read more »
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A Private Residence is Damaged by a Moving Crane – the Automobile Insurance Act does not apply in the absence of physical injury as a result of an accident as defined in the Act
FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:July 2016
AUTHOR:
No Author
CATEGORIES:Articles, Knowledge Centre
Maher c. Construction Hamel inc., [2016] QCCS 2209. The Superior Court was seized of a motion to dismiss submitted by Construction Hamel inc. (“Hamel”) in respect of an action in damages in the amount of $205,511.06 instituted by plaintiffs Lucie … Read more »
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After the Wave Break: D&O Liability and the Impact of Statutory Secondary Market Actions
FIRM:Scott Venturo LLP
JURISDICTION:Alberta
DATE:July 2016
CATEGORIES:Articles, Knowledge Centre
Since 2012, all class action securities litigation claims that have been brought in Canada have been for statutory secondary market cases (SSM cases).1 Accordingly insurers and brokers ought to have a keen understanding of SSM cases when discussing directors and … Read more »
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CMPA Not an Insurer
FIRM:Cox & Palmer
JURISDICTION:New Brunswick
DATE:July 2016
CATEGORIES:Articles, Knowledge Centre
Shannon v. Canadian Medical Protective Association, 2016 NBQB 4 The plaintiff, Shirley Shannon, had been sexually assaulted by her psychiatrist Dr. Akoto. Shannon suffered emotional and mental distress as a result of the sexual assaults and attempted suicide resulting in … Read more »
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Experts Under the Microscope: Bias and Junk Science in Canada’s Courtrooms
FIRM:Cox & Palmer
DATE:July 2016
CATEGORIES:Articles, Knowledge Centre
Over the past year or so, a series of Canadian decisions have caused lawyers, judges and legal commentators to refocus on the issue of expert evidence in litigation. From the interaction of expert witnesses with the people who pay their … Read more »
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