Blog Archives

Juliana Boutot Joins our Civil and Commercial Litigation Group

November 11, 2021 — Having completed her articling period and been called to the Bar yesterday, Juliana Boutot begins her career today as a litigator with our Civil and Commercial Litigation Group. She demonstrated her potential by handling very diversified files and will undoubtedly contribute significantly with her civil and common law education.

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Insurers: Bill 96 May Affect Your Civil Litigation Proceedings

By Patrick Henry, from our Insurance Law Practice Group

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November 9, 2021 — Bill 96, An Act respecting French, the official and common language of Québec, proposes a certain number of substantial modifications to Quebec civil procedure. The Bill is presently making its way through various stages of consideration at the National Assembly of Quebec and it is possible that additional changes will be made prior to the adoption of the final text. In the interim, we provide the following summary of the Bill, highlighting parts which may affect civil litigation proceedings.

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Court of Appeal of Quebec: Insurance Policy Arbitration Clause Trumps COVID-19 Class Action

By Nick Krnjevic, from our Insurance Law Practice Group

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November 3, 2021 — Multi-tiered “mediation-arbitration” clauses are increasingly popular since they not only offer flexibility in the manner of resolving disputes, but also provide a timely, cost-effective dispute-resolution option that enables the parties to proactively intervene in the early stages of the dispute.

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RSS Welcomes Vikki Andrighetti to its Insurance Law Practice Group

November 1, 2021 — RSS is pleased to announce that Vikki Andrighetti, a litigator, is joining its Insurance Law Practice Group.

Recognized by clients and fellow lawyers alike for the thoroughness and depth of her analytical skills, Viki has a practice consisting mainly of insurance coverage, litigation, and dispute resolution. She has appeared in numerous cases of professional, civil, and contractual liability. She also has substantial experience with arbitration and mediation.

The arrival of such an experienced lawyer enhances RSS’s position as a leading law firm for the insurance industry.

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Conference: “Women’s Legal Leadership at Robinson Sheppard Shapiro”

October 29, 2021 — On November 4, the firm will be partnering for a conference with the Feminist Committee of the University of Ottawa’s Law Students’ Association.

Catherine Cloutier, Sharon G. Druker, Ad. E., and Médgine Gourdet, from RSS au féminin, will be leading the discussion and answering students’ questions on women’s leadership in the legal world, and especially within our firm. The conference, taking place in our office, will definitely be inspirational for future generations of women lawyers.

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The Supreme Court Rules on the Validity of Non-Liability Clauses in Commercial Contracts

By Catherine Cloutier, from our Insurance Law Practice Group

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October 27, 2021 – The Supreme Court of Canada recently rendered an important decision which may have a significant impact on commercial contracts concluded under Quebec law. In the case of 6362222 Canada inc. v. Prelco inc., 2021 SCC 39, the Court was called upon to decide whether a limitation of liability clause could be set aside in virtue of the doctrine of breach of fundamental obligation.

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What Is an Interruption of Prescription?

By Hélène Maurice, from our Insurance Law Practice Group

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October 4, 2021 — Ballard c. Ville de Gatineau, 2021 QCCS 3695, recently rendered by the Superior Court, deals with the effect of the recognition of a right by a defending party on extinctive prescription.

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Builders’ Risk Insurance: Is Demolition Work Covered?

By Sarah Bouzo, from our Insurance Law Practice Group

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September 17, 2021 — On June 7, 2021, the Superior Court dismissed the action in L’Unique assurances générales inc. c. Intact Compagnie d’assurance, 2021 QCCS 2916, in concluding that the Builder’s Risk issued in favor of Intact’s insured did not apply.

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A Draft Regulation Significantly Changes the Duty to Defend in Quebec

By Nick Krnjevic, from our Insurance Law Practice Group

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September 10, 2021 — On September 8, 2021, the Quebec Minister of Finance published in Part 2 of the Official Gazette of Quebec a draft of the regulation [Draft Regulation] that specifies the categories of insurance contracts, and insured parties, that may derogate, in part, from the rules set out in articles 2500 and 2503 of the Civil Code of Quebec [CCQ].

Quebec has always been distinct in that the costs associated to the duty to defend are over and above the policy limits. The draft regulation will allow an insurer to deviate from this in certain circumstances.

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Quebec Court of Appeal Decision: Security Obligation of a Mountain Resort

By Marc-Olivier Brouillette, from our Insurance Law Practice Group

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August 27, 2021 — The Quebec Court of Appeal recently upheld a decision of the Superior Court in Ski Bromont.com c. Jauvin, 2021 QCCA 1070, condemning a mountain resort to pay a guest $152,579 following a fall from a chairlift after resort employees left a customer stranded.

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