Knowledge Centre

Bonneau v. Capitale (La), assurances, 2015 QCCQ 11662 The Court of Quebec, small claims division, allowed the plaintiff’s motion against his insurance company to receive disability insurance from his insurer. After suffering an impact to his right shoulder, Plaintiff Bonneau, … Read more »

Technologies CII inc. v. Société d’assurances générales Northbridge, 2016 QCCA 41 The Court of Appeal allowed the appellant’s appeal and concluded that the respondent must assume its own defense and any related costs in the context of a claim for … Read more »

Laliberté v. Survivance (La), compagnie mutuelle d’assurance-vie, 2015 QCCS 5906 When submitting an application to the Court, the three-year limitation period established by the Civil Code of Québec takes precedence over the one-year period prescribed by the insurance policy. Plaintiff … Read more »

Allard v. Intact, compagnie d’assurances, 2015 QCCS 5533 The claim for damages was denied because the costs related to the work needed to correct the latent defect is not covered by the insurance policy. Furthermore, the claim for legal fees … Read more »

Paquin v. Gilbert, 2015 QCCS 5387 The Wellington motion was denied, namely because the wastewater seepage from the insured’s septic systems, which constitutes the basis for the plaintiff’s complaint, is a pollution risk under the insurance policy and this risk … Read more »

Disputes over additional insured status are legendary and frequent.  Every insurer faces demands for a defence from additional insureds.  Brokers are requested to issue certificates of insurance on a daily basis, identifying people or companies as additional insureds.  Assigning insurance … Read more »

The Dominion of Canada General Insurance Company v Aviva Canada Inc. et al., 2015 ONSC 6195 This is an appeal to the Ontario Superior Court of Justice following a loss transfer arbitration.  The matter arises out of a motor vehicle … Read more »

Trenholm v Palmer, 2015 NBQB 141 Trenholm was involved in a car accident and sued the owners of the vehicle alleging that they had lent their vehicle to an incompetent driver and that they permitted a vehicle to be operated … Read more »

The Wawanesa Mutual Insurance Company v Shirley Wade, 2015 NBCA 43 Wade, who was involved in a car accident, was insured with the defendant Wawanesa. Wade’s insurance policy provided coverage for loss of income.  The benefits were initially paid, then … Read more »

If after school specials are to be believed, a bully is a neighbourhood tough demanding lunch money. In our ever changing society this antiquated notion no longer holds sway: bullying has moved from the lunch room into the online world. … Read more »