Blog Archives

RSS Welcomes Ariane Vanasse in Its Insurance Law Group

RSS is proud to announce that Ariane Vanasse, a litigator, is joining the firm’s Insurance Law Group. A member of the Bar since 2018, Ariane has focused her practice on litigation and dispute resolution, dealing with numerous areas of law such as claims for latent defects.

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RSS Sponsors the Fondation des Camps Odyssée to Support Youth Development

RSS is pleased to announce that it is supporting the Fondation des Camps Odyssée with a $50,000 donation.

Les Camps Odyssée, celebrating its 75th anniversary this year with a major fund-raising campaign of its Foundation, is a non-profit organization promoting the development of 4- to 19-year-olds by offering them a “camp experience”: summer camps, outdoor education programs and excursions, etc.

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Brigitte Garceau Elected to the Board of the Bar of Montréal

Brigitte Garceau is one of three members elected as councillors of the Bar of Montréal for the 2022–2023 term. She perpetuates our Family Law Group’s commitment to the local section of our professional order, evidenced when Lynne Kassie, Ad. E., was bâtonnière.

L’article Brigitte Garceau Elected to the Board of the Bar of Montréal est apparu en premier sur RSS – Robinson Sheppard Shapiro.

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Sale Made at Your Own Risk: Is It Really Without Legal Guarantee?

The Honourable Steve J. Reimnitz of the Superior Court recently revisited the rules regarding fraud and the warranty for latent defects in the case of St-Pierre c. Benoit, 2021 QCCS 5491.

The Facts

In 2015, the plaintiffs purchased a property from the defendant built by the latter in 1993–1994. This contract was concluded following the plaintiffs’ visit and that of a pre-purchase inspector, at the end of which no anomalies were noted. The seller’s declaration also did not mention any particular problem with the building. The parties therefore agreed to the sale of the building by including a clause excluding the legal warranty: the sale was therefore at the buyers’ risk.

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William Dion-Bernard To Speak on Wills Drafting

Nowadays, blended families and common-law unions are no longer exceptional.  Estate planning strategies that were designed for traditional families are no longer adapted.

On May 12, during the forum on estate planning and settlement held by the Association de planification fiscale et financière, William Dion-Bernard will make a presentation on “Rédaction de testaments sur mesure” (Drafting tailored wills), offering solutions suited to contemporary realities.

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Back to Basics: The Importance of Subrogation Clauses in Releases

On March 2, 2022, the Hon. Lukasz Granosik of the Superior Court dismissed a subrogation claim by Sécurité Nationale compagnie d’assurance based on the absence of legal and conventional subrogation: Sécurité Nationale compagnie d’assurance c. Bel Bro inc., 2022 QCCS 723.

The Context

The plaintiff, Sécurité Nationale, an insurer, was suing a general contractor for $140,000 following the rupture of a plumbing fitting that resulted in water damage to the insureds’ building and property.

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Achat local et commerce employant un élu

This text is only available in French.

En février dernier, la Commission municipale du Québec a rendu une décision concernant des manquements déontologiques reprochés à une conseillère municipale qui est aussi directrice de la seule quincaillerie implantée sur le territoire de la Ville: (Re) Demande d’enquête en éthique et déontologie concernant l’élue Cindy Vignola, 2022 CanLII 17822 (QC CMNQ).

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Quebec Liability Insurance Duty to Defend Update

After missing the net on his first attempt, the Minister of Finance has scored a goal with his second effort at drafting regulations identifying liability insurance contracts that are exempt from Quebec’s public order “defense in addition to limits” requirement.

Overview

On May 5, 2022, a revised, long-overdue regulation [Regulation][1] will come into force that exempts certain categories of Quebec liability insurance contracts issued to designated classes of insureds from the Civil Code of Quebec’s [CCQ] public order requirement that the liability insurer is responsible for defence costs in addition to the insurance policy’s indemnity limits. As discussed in our September 10, 2021 bulletin, public order article 2500 CCQ mandates that a liability insurance policy’s limits must be used solely to pay the claims of injured third-parties (i.e. the claimants). Public order article 2503 CCQ mandates that a) the liability insurer must actively take up the defense of the insured in respect of covered claims, and b) the liability insurer must pay defence expense, interest and third-party costs in addition to policy limits.

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Article in the Canadian Lawyer Magazine

“Embracing the Future While Preserving Storied History”

Interview with Andrew Penhale

Our CEO, Andrew Penhale, spoke with an editor from the Canadian Lawyer Magazine about RSS near future.

Read more about the vision for our firm in this article.

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Application of Res Judicata to a Second Lawsuit for Abuse of Proceedings

On April 13, 2022, in Globe technologie inc. c. Rochette, 2022 QCCA 524, the Court of Appeal confirmed a judgment obtained by RSS before the Court of Quebec dismissing an action at the preliminary stage based on the notion of res judicata. The Court of Appeal maintained the position defended by RSS and concluded that when the tribunal has already sanctioned an abuse of proceedings within the action in which it occurred, this abuse cannot not be the subject of a second action for extra-contractual civil liability.

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