Publications
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Reform of the Quebec Code of Civil Procedure – The new class action
On February 20, 2014, the Quebec National Assembly passed Bill 28, An Act to establish the new Code of Civil Procedure.This is a watershed moment in a process that began in 2003 and was the subject of a review by the Minister of Justice in 2006. Notably, promoting cooperation by the parties on the (…)
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The Court of Appeal confirms that the policyholder and the insurer may agree to modify the provisions of a group insurance contract without consulting the participants
The decision of the Court of Appeal in the La Capitale case has been expected since February 2012 when the Superior Court dismissed the class action taken against an insurer who, with the consent of the policyholder, had unilaterally modified the waiver of premiums clause in a group insurance (…)
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The policyholder and the insurer may agree to unilaterally modify the provisions of a group insurance policy
The La Capitale ruling had been expected since 2009, when the Superior Court authorized a class action against an insurer who had unilaterally modified the waiver of premiums clause in a group insurance contract in 2001.
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Beware of Punitive Damages in Consumer Law!
The Quebec Court of Appeal recently rendered a long-awaited decision in a consumer protection class action.On February 26th, the Court dismissed the main appeal and cross-appeal in Brault and Martineau Inc. vs. Riendeau for the reasons which were written by Justice Duval Hesler, which were endorsed (…)
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Class action and competition law: Toyota wins in the Court of Appeal
Class action and competition law: Toyota wins in the Court of Appeal
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Two of our partners honoured with Québec Bar Mérite awards
Two of our partners honoured with Québec Bar Mérite awards
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Watering down class actions? Not really...
On October 18th, 2006, the Quebec Court of Appeal rendered a much-awaited decision regarding class actions. The province’s highest court was called upon to rule on the issue of whether, when there is a multiplicity of defendants, it is necessary that a legal relationship exist between the (…)
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The Supreme Court of Canada sets aside the award for punitive damages against an insurer
The Supreme Court's analysis of punitive damages will have limited scope in Quebec civil law given the different rules governing the awarding of such damages. The abusive refusal of a claim by an insurer does not necessarily result in an award for punitive damages. However, if such a refusal (…)
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Are the Courts Distorting the Nature of Class Actions?
Are the Courts Distorting the Nature of Class Actions?
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Accidental Death Benefit Provision: Did the Insured Expect to Die?
Accidental Death Benefit Provision: Did the Insured Expect to Die?
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Increase in Class Actions for Violations of the Competition Act - How to Protect Your Business Today
Increase in Class Actions for Violations of the Competition Act - How to Protect Your Business Today
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Class Actions and The Life Insurance Industry
Class Actions and The Life Insurance Industry