Publications

September 26, 2018

Wellington-Type Motion And Reserve Of Rights Letter

On July 9, 2018, the Superior Court once again examined the principles applicable to Wellington-type motions in connection with a matter opposing two contractors against their liability insurers in a legal proceeding initiated by the Société des traversiers du Québec (hereafter “STQ”). The (…)

August 20, 2018

First pilot project on the use of autonomous vehicles comes into effect

The Autonomous Bus and Minibus Pilot Project 1 (the “Pilot Project”) came into effect in Quebec on August 16, 2018. The project provides guidelines for the regulated driving of the first autonomous vehicles on Quebec’s roads. Driving autonomous vehicles in quebec An autonomous vehicle is defined (…)

June 20, 2018

Increased risk: the importance of questions to policyholders

On 23 January 2018, in a case in which Marcelin Fortier (hereinafter the “applicant”) sued his insurer, the Superior Court rendered a decision1 whereby it reiterates the principles applicable to the notion of increased risk in insurance, and insisted on the importance of the questions asked by (…)

April 20, 2018

Autonomous cars in Quebec: the legal uncertainty is clarified at last

With the enactment on April 17th 2018 of Bill 165, An Act to amend the Highway Safety Code and other provisions1, the driving of autonomous vehicles in Quebec is finally regulated, although a number of uncertainties remain. Indeed, the driving of autonomous vehicles of automation level 3, such as (…)

March 20, 2018

Civil liability and personal injury: A harsh decision for a winter sports centre

The Court of Québec released an interesting judgment in December in a case involving civil liability and personal injury.1 On February 23, 2013, Plaintiff, Ms. Bourgault, went to Village Vacances Valcartier (“VVV”) to take part in a snow rafting activity. During a descent, she was twice thrown (…)

March 13, 2018

Builders’ Risk Insurance: Interpreting the Usual Faulty Workmanship and “LEG” Exclusions in connection with Ledcor and Acciona

Ledcor The issue in Ledcor1 was whether the builder’s risk policy taken out by the contractor that was contractually responsible for cleaning the windows of a building, covered damage to the windows caused by its poor cleaning work. The financial impact was significant since the cost of re-doing (…)

February 15, 2018

Standing Senate Committee of Canada's Transport and Communications issues report on driving of smart vehicles

Introduction In January 2018, the Senate's Standing Committee on Transport and Communications (hereinafter the "Committee"), chaired by the Hon. David Tkachuk, published a report on the impact of automated vehicles in the country at the behest of the Minister of Transport of Canada. The first (…)

February 9, 2018

Securities and class actions: screening authorizations

Anyone who wants to bring an action in damages relating to the secondary securities market must prove that the action is brought in good faith and has a reasonable chance of success (s. 225.4 QSA). In Quebec,1 as elsewhere in Canada,2 no prior disclosure of evidence may be obtained by plaintiff (…)

December 20, 2017

Prescription and Indirect Victims of Bodily Injury: the Supreme Court Rules

On October 13, 2017, the Supreme Court of Canada rendered an important decision1, putting an end to a jurisprudential and doctrinal debate on civil liability and prescription in the field of municipal liability. Facts In October 2010, Ms. Maria Altragracia Dorval ("Dorval") was murdered by her (…)

November 24, 2017

The Superior Court of Québec rules on the insurable interest of someone
who acted as a nominee in the context of the acquisition of a property

On September 8, 2017, in the case of El-Ferekh c. Intact, compagnie d’assurance, 1 the Superior Court of Québec ruled on the insurable interest of someone who acted as a nominee in the context of the deeds pertaining to the acquisition of an immovable property covered by an insurance policy. The (…)

November 13, 2017

Bill 150 and the distribution of financial products and services

On October 31, 2017, Québec’s Finance Minister, Carlos J. Leitão, introduced Bill 150, An Act respecting mainly the implementation of certain provisions of the Budget Speeches of 17 March 2016 and 28 March 2017 (“Bill 150”). In this newsletter we will discuss the changes made to the Civil Code of (…)

November 8, 2017

Bill 150 and damage insurance brokerage

On October 31, 2017, Québec’s Finance Minister, Carlos J. Leitão, introduced Bill 150, An Act respecting mainly the implementation of certain provisions of the Budget Speeches of 17 March 2016 and 28 March 2017 (“Bill 150”). In this article, we will discuss the changes made to the Act respecting the (…)

October 23, 2017

Comprehensive reform of the rules governing the regulation
and operations in the Québec financial sector

On October 5, 2017, Québec's Minister of Finance, Carlos J. Leitão, has tabled Bill 141 in Québec's National Assembly. The Bill, which is 470 pages long and includes some 750 sections, is entitled An Act mainly to improve the regulation of the financial sector, the protection of deposits of money (…)