Blog Archives

FIRE SAFETY ACT: FIRST RULING BY THE QUÉBEC SUPERIOR COURT ON THE INTERPRETATION OF THE IMMUNITY CONTAINED IN THE ACT

Since the adoption of the Fire Safety Act (R.S.Q., ch. S-3.4) (hereinafter “Act”), which came into force on September 1, 2000, cities and municipalities that have adopted a fire safety cover plan (hereinafter “Cover Plan”), can, in certain cases, benefit from an exemption of liability during the course of their intervention following a fire on their territory. The Superior Court recently addressed the issue of the firefighters’ immunity under Article 47 of the Act in the case of Lombard General Insurance Company of Canada vs. City of St- Jérôme.

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The eighth to be nominated in Quebec, Canada’s sixtieth

RSS is proud to announce that Me Patrick Henry has been named Fellow of the Litigation Counsel of America (LCA). The LCA is a trial honorary society. Fellows are selected based upon excellence, accomplishment in litigation and superior ethical reputation.

Me Henry becomes the eighth Fellow of the LCA who practices law in the Province of Québec.

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RSS expands its intellectual property practice

RSS takes great pleasure in announcing the arrival of Me Richard Uditsky, an expert in Intellectual Property.  With more than 35 years of experience in the negotiation and preparation of different types of commercial contracts as well as litigation on issues relating to trademarks, copyright, industrial designs and patents, Me Uditsky gets to the heart of the issue.  As a skilled litigator, he has pleaded before the Federal Court, Federal Appeal Court and the Superior Court of Quebec.

To learn more about Me Richard Uditsky and his services, please consult his profile.

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THE INSURED’S ABUSIVE CLAIM SANCTIONED BY THE COURT

 

In the case De Lachevrotière c. Compagnie d’assurances Inctact rendered last July, the Superior Court recognized the right for an insurer to obtain reimbursement of its legal fees and disbursements, as the Court considered that the insured’s claim was abusive.

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WRAP-UP POLICIES AND SUBROGATION

In Intact Compagnie d’assurance c. Pétrifond Fondation Compagnie Ltée (published at EYB 2010-180758 (C.S), Justice Geneviève Marcotte of the Superior Court attenuated the general principle regarding the waiver of subrogation by the wrap-up insurer against subcontractors and professionals who are insured under this type of civil liability insurance policy.

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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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COMMON LAW COUPLES: ADJUSTING TO THE CHANGING SOCIAL REALITY OF QUEBEC FAMILIES

A November 3, 2010 Quebec Court of Appeal decision has been touted as a significant victory for the rights of common law spouses living in Quebec. The case of Droit de la famille-102866, 2010 QCCA 1978, focused on the constitutionality of Article 585 of the Civil Code of Quebec (CCQ), which provides that “[m]arried or civil union spouses, and relatives in the direct line in the first degree, owe each other support”. Unlike all other Canadian provinces, unmarried cohabitants (“de facto” or “common law” spouses) in Quebec do not have rights under Article 585 CCQ or any other law to claim spousal support upon the termination of their relationship.

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WILL IT BE A RESERVE OR AN ESTOPPEL WITH YOUR JUDGEMENT?

The issue of « estoppel » resulting from the contents of a reservation of rights letter addressed by the insurer to the insured has been the object of a fair number of judgements in recent years. Another judgement has been rendered recently that will be helpful in determining the extent of the insurer’s duty in that respect. That judgement was rendered on October 22nd, 2010 by the Honorable Manon Savard, SJC, in Nicholas Smith, ès qualité c. Solution Air Pro Inc. et al

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PUBLIC OFFICERS LIABILITY INSURANCE: IS THERE DUTY TO DEFEND ALLEGATIONS STEMMING FROM THE EXERCISE OF A MUNICIPALITY’S LEGISLATIVE POWERS?

On October 23, 2010 the Quebec Court of Appeal issued a landmark decision on the scope of the coverage offered by Public Officers Liability Insurance in Lombard du Canada ltée v. Ville de Mont-Tremblant.

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