Firm victory in the Court of Appeal

On May 14, 2009, the Court of Appeal rendered judgment in the case of Kingsway General Insurance Co. v. Duvernay Plomberie et Chauffage inc.2, which was pleaded by Marie-Claude Cantin with the assistance of Odette Jobin-Laberge, Ad.E.

This is a significant judgment on civil procedure (article 216 of the Code of Civil Procedure) which brings to a close a series of sometimes conflicting judgments on an important issue.

The Court of Appeal allowed the insurer, who denied coverage of a claim by an insured under a property insurance policy, to implead or call into warranty the third party that it alleged was responsible for the dispute.

In this case involving a claim for water damage, Kingsway denied coverage of its insured for several reasons, in particular, due to the exaggerated claim and false statements made by it. However, Kingsway sought to implead the plumber, Duvernay, which the Court of Appeal allowed, on the basis that the plumber had allegedly caused the loss which gave rise to the claim by its insured, so that it could be found liable for the loss.

Lavery represented Kingsway.

2 2009 QCCA 926, Justices Gendreau, Morissette and Bich

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