Publications

May 8, 2017

The Role of the Expert under the new Code of Civil Procedure

The coming into force of the new Code of Civil Procedure on January 1, 2016 created some uncertainty for litigation lawyers. One issue was the role of experts in litigation and in particular the emphasis on joint experts and the filing of an expert’s report in lieu of testimony. Other provisions (…)

May 1, 2017

Artificial intelligence and its legal challenges

Is there a greater challenge than to write a legal article on an emerging technology that does not exist yet in its absolute form? Artificial intelligence, through a broad spectrum of branches and applications, will impact corporate and business integrity, corporate governance, distribution of (…)

April 20, 2017

Autonomous cars will shortly be on the roads in Montréal

Autonomous cars have really taken off in the last few years, particularly due to the interest of both consumers and the businesses who develop and improve them. In this context, on April 5 and 10, 2017, the City of Montréal and the Government of Québec respectively announced significant investments (…)

April 5, 2017

The Supreme Court puts a break on civil actions brought following an automobile accident

On March 24, the Supreme Court of Canada handed down an eagerly awaited decision, namely in Godbout v. Pagé.1 In this case, the victims of two different automobile accidents were suing third parties for events that occurred following their respective accidents. For the first victim, it was the (…)

March 23, 2017

Artificial Intelligence and the 2017 Canadian Budget: is your business ready?

The March 22, 2017 Budget of the Government of Canada, through its “Innovation and Skills Plan” (http://www.budget.gc.ca/2017/docs/plan/budget-2017-en.pdf) mentions that Canadian academic and research leadership in artificial intelligence will be translated into a more innovative economy and (…)

March 1, 2017

The insured is responsible for the cost of bringing its building up to construction standards

On December 19, 2016, the Alberta Court of Appeal allowed the appeal1 of the insurer which had excluded from its policy coverage the rebuilding costs associated with bringing the insured building up to by-law standards. The Court of Appeal unanimously maintained the exclusion for damages resulting (…)

December 1, 2016

The Supreme Court of Canada reinforces the protection of litigation privilege by elevating it to class privilege status

Ten years after Blank v. Canada (Minister of Justice),1 the leading case regarding litigation privilege, the Supreme Court of Canada has seized the opportunity to reaffirm and expand on the principles set out in that important decision. Indeed, in its most recent case, Lizotte v. Aviva Insurance (…)

November 30, 2016

The Québec Court of Appeal considers the issue of the amount of insurance:¹ liability of the broker and/or chartered appraiser

Facts Bar et spectacles Jules et Jim inc. (hereinafter the “Bar” or “Insured”) sought to renew the insurance coverage for its building, which was then insured for $424,000.2 On the recommendation of its broker, it obtained an appraisal which concluded that the reconstruction cost of the building (…)

November 3, 2016

An obiter of the Québec Court of Appeal makes its way up to the Supreme Court of Canada

The facts The client, Station Lands Ltd. (“Station”) retained the general contractor Ledcor Construction Ltd. (“Ledcor”) to build the Epcor tower in Edmonton. As is customary, Station and Ledcor purchased a builders’ risk all-risk property insurance to cover property damage which may occur in the (…)

October 13, 2016

Wellington type motions seeking to order a CGL insurer to take up the defence of its insured

Recent case law which confirms the criteria applicable to Wellington motions and specifies the guidelines for the duty of an insurer to defend its insured. Admissibility or not of a Wellington motion against exclusions pertaining to the insured’s “products” and “work”, depending on the nature of the (…)

September 29, 2016

Nullity ab initio – misrepresentations during policy underwriting process

On August 18, 2016, the Honourable François Duprat, writing for the Superior Court of Québec, rendered judgment in the action brought by Jimmy Laporte (the “Plaintiff”) against his property insurer, Intact Insurance Company.1 The Court dismissed the Plaintiff’s action and declared the insurance (…)

July 29, 2016

“Peer-to-peer” insurance: a grassroots revolution?

After the hospitality sector, transportation of passengers and corporate financing, insurance could be the next sector to see its business model influenced by the sharing economy. In the past few years, numerous start-up companies have launched businesses in “peer-to-peer” (“P2P”) insurance on (…)

July 7, 2016

For rent… but mind the risks! Home Insurance in the age of the sharing economy

Many people could hardly imagine planning their vacations without considering online vacation rental community platforms. And those who have property available for use might find it just as difficult to resist the temptation to increase their revenues by advertising their room, apartment, house or (…)