Knowledge Centre

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Evidence of a Conversation with a Person who is now Deceased:

FIRM:Dona
JURISDICTION:Quebec
DATE:October 2015
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Poliquin v. Soucy, 2015 QCCS 2612 When a party tries to produce evidence of conversations that transpired with a person who is now deceased in an effort to establish the contents of a will, this evidence will be rejected given … Read more »

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Liability for Wrongful Imprisonment – Separation of Proceedings Due to Financial Difficulties:

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:October 2015
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Tremblay v. Québec (Attorney-General), 2015 QCCS 3143 The Plaintiffs sued the Attorney-General of Quebec (AGQ) for committing a fault that caused them damages. Not having the financial resources to pay for the many expert reports needed to quantify the damages, … Read more »

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Liability for Wrongful Imprisonment – Lawyers’ Fees:

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:October 2015
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Hinse v. Canada (Attorney-General), 2015 CSC 35 When a person abuses his right to institute legal proceedings, he could be required to pay the extra-judicial fees incurred by the other party as damages. This is true even if the other … Read more »

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The Liability of the Securities Broker and its Representative:

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:October 2015
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

9125-0191 Québec inc. v. CTI Capital valeurs mobilières inc., 2015 QCCS 2333 Both the securities broker and its representative failed to ensure that the investments made were consistent with the client’s investor profile, her objectives, and her risk level. Consequently, … Read more »

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Property Insurance – Is Fraud Covered or Not?

FIRM:Donati Maisonneuve
JURISDICTION:Que
DATE:October 2015
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

6916643 Canada inc. v. Santos Guzman., 2015 QCCQ 6136 When an insured claims benefits from the insurer that is insuring its property against loss related to fraud, this loss is usually not covered by the insurance policy. However, if this … Read more »

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Disability Insurance – Ineligibility to Claim Benefits:

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:October 2015
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Bergeron v. SSQ, société d’assurance-vie inc., 2015 QCCS 2160 The Plaintiff cannot claim disability benefits under a group insurance agreement with his employer given that he has not worked for this employer for several years and his remedy is prescribed. … Read more »

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Fault committed by a tourist site that failed to implement rescue measures upstream of a waterfall, when one of its main activities is swimming.

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:September 2015
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Site touristique Chute à l’ours de Normandin inc. v. Nguyen (Succession de), 2015 QCCA 924 In this case, the Court of Appeal has determined that when establishing the loss of a deceased person’s future earnings, we should look at the … Read more »

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Not possible to claim disability benefits under a group insurance contract when the employment relationship has ended and the recourse is prescribed.

FIRM:Donati Maisonneuve
DATE:September 2015
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Bergeron v. SSQ, société d’assurance-vie inc., 2015 QCCS 2160 In this case, the Court rejected the appeal of a plaintiff who was claiming disability benefits at the end of a group insurance contract. In fact, more than three years had … Read more »

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When Setting Aside a Dismissal Order, the Question of Prejudice is Crucial

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:September 2015
AUTHOR: Mitch Kitagawa and Christina Lachance
CATEGORIES:Articles, Knowledge Centre

In MDM Plastics Limited v Vincor International Inc., 2015 ONCA 28, the Ontario Court of Appeal had to decide whether the Divisional Court judge was correct in setting aside a dismissal order. The plaintiff commenced an action against the defendant … Read more »

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Experts & the Application of Rule 53.03 – To Whom Does it Apply?

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:September 2015
AUTHOR: Mitch Kitagawa and Shannon O'Toole
CATEGORIES:Articles, Knowledge Centre

Westerhof v. Gee (Estate), 2015 ONCA 206 – The decision of the Ontario Court of Appeal in Westerhof v. The Estate of Gee, derives from two claims for damages with respect to injuries sustained in motor vehicle accidents. In each … Read more »

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