The extrinsic evidence permitted when presenting a Wellington motion must not open up a debate about the merits of the dispute between the third party who is suing and the insured who is being sued. We were recently reminded of this by the Court of Appeal in Technologies CII Inc. vs. Société d’assurance générale Northbridge, 2016 QCCA 41 [1]. We will begin by taking a short look at the background of the decision.
The administration of extrinsic evidence when presenting a Wellington motion
April 2016
Stein Monast S.E.N.C.R.L., Quebec
