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ACCORDING TO THE COURT OF APPEAL, TRAFFICKING AND POSSESSION OF MARIJUANA CONSTITUTES A CRIMINAL ACTIVITY WITHIN THE MEANING OF A RESIDENTIAL POLICY

On January 12th, 2011, the Court of Appeal of the district of Montreal rendered a judgment in the case of Promutuel Bagot c. Lévesque (published at EYB 2011-184931 (C.A.)), regarding the scope of a clause included in a residential insurance policy which excluded constructions used in whole or in part for criminal activities. The three judges analyzed the factual circumstances of the case, but did not conclude in the same manner.

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