Tag Archives: Robinson Sheppard Shapiro

SNC-Lavalin inc. c. Deguise: Excluding the Risk Related to Pyrrhotite

By Eloïse Robichaud, from our Insurance Law Practice Group

On April 6, the Court of Appeal of Québec rendered its decision in SNC-Lavalin inc. (Terratech inc. et SNC-Lavalin Environnement inc.) c. Deguise, 2020 QCCA 495.

Considering the importance of this decision for both the construction and insurance industries, RSS offers a series of newsletters discussing the main issues at stake. This is one segment of the complete series found here.

July 7, 2020 — Approximately 800 property owners in the Trois-Rivières area have brought a claim against contractors and formworkers (for the construction of houses and foundations), a geologist who had prepared certain reports on the quality of the aggregate used for the concrete foundations, as well as his employer (SNC Lavalin), the concrete mixers (CYB and BL) and the company operating the quarry from which the aggregate was extracted (B&B), as well as their insurers. The property owners alleged that their houses suffered from a major defect, namely the swelling of the concrete, affecting the foundations.

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SNC-Lavalin inc. c. Deguise: Coverage Based on Claims Made and Reported: No Limitation for Reporting During More Than One Period of Insurance

By Jeanine Guindi, from our Insurance Law Practice Group

On April 6, the Court of Appeal of Québec rendered its decision in SNC-Lavalin inc. (Terratech inc. et SNC-Lavalin Environnement inc.) c. Deguise, 2020 QCCA 495.

Considering the importance of this decision for both the construction and insurance industries, RSS offers a series of newsletters discussing the main issues at stake. This is one segment of the complete series found here.

July 3, 2020 — The decision of the Court of Appeal in Deguise and its conclusions arising from the problems caused by pyrrhotite in the foundations of many buildings in the Trois-Rivières will leave a significant impact in Quebec’s judicial history. The decision also confirms important concepts as to the interpretation of certain clauses in liability insurance policies as to the protection offered for specific insurance periods.

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SNC-Lavalin inc. c. Deguise: Date of Occurrence and the Trigger of Coverage

By Jean-François Lamoureux, from our Insurance Law Practice Group

On April 6, the Court of Appeal of Québec rendered its decision in SNC-Lavalin inc. (Terratech inc. et SNC-Lavalin Environnement inc.) c. Deguise, 2020 QCCA 495.

Considering the importance of this decision for both the construction and insurance industries, RSS offers a series of newsletters discussing the main issues at stake. This is one segment of the complete series found here.

July 3, 2020 — As one can easily imagine, a judgment of over 350 pages from the Court of Appeal will raise numerous different questions.
One of those questions (the 68th raised by the parties!) touched an important subject of the insurance coverage in a general civil liability policy. When a damage occurs that manifests itself only after several months or years but that, by its very nature, had to start much earlier, which policy is triggered? The Court of Appeal had to determine the moment that the damage occurred in order to determine if the insurance policies issued, especially those of the supplier of materials and the general contractor, covered the damages claimed by the Plaintiffs (the home owners).

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SNC-Lavalin inc. c. Deguise: Application of the “Prior Insurance and Non-Cumulation of Liability” Clause

By Nicolas Pfister, from our Insurance Law Practice Group

On April 6, the Court of Appeal of Québec rendered its decision in SNC-Lavalin inc. (Terratech inc. et SNC-Lavalin Environnement inc.) c. Deguise, 2020 QCCA 495.

Considering the importance of this decision for both the construction and insurance industries, RSS offers a series of newsletters discussing the main issues at stake. This is one segment of the complete series found here.

July 3, 2020 — In the matter of SNC-Lavalin Inc. (Terratech Inc. et SNC-Lavalin Environnement Inc.) c. Deguise, the excess insurers Northbridge and AIG argued that the non-cumulation of liability clause in the insurance policy was applicable to the facts at issue. The Court of Appeal dismissed the argument and thus accepted the trial judge’s analysis. It should be noted that only the provisions of AIG’s policy were analysed since Northbridge’s policy was a follow form type policy and must therefore follow the provisions of AIG’s policy.

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SNC-Lavalin inc. c. Deguise: Insureds’ Omission to Declare All Facts Relevant to the Risk

By Chantal Noël, from our Insurance Law Practice Group

On April 6, the Court of Appeal of Québec rendered its decision in SNC-Lavalin inc. (Terratech inc. et SNC-Lavalin Environnement inc.) c. Deguise, 2020 QCCA 495.

Considering the importance of this decision for both the construction and insurance industries, RSS offers a series of newsletters discussing the main issues at stake. This is one segment of the complete series found here.

July 3, 2020 — The “pyrrhotite case” led to numerous disputes in which the plaintiffs alleged the existence of a latent defect affecting the solidity of the foundations of their building due to the presence of pyrrhotite in the concrete.

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Should you Download Canada’s Newest COVID-19 App?

By Sydney Warshaw, from our Business Law Group

July 3, 2020 — If you checked the settings on your cellphone right now, you might be surprised to find that a new service called “COVID-19 exposure notifications” has suddenly appeared amongst basic options like “auto-fill” and “parental controls”. While this unprompted addition to your phone might cause initial alarm, this new setting can’t actually control anything until the Canadian government releases its COVID-19 contact tracing app in the coming weeks, and even then, you’ll have to download it.

What is the app?

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Estates, Wills and Trusts: RSS Welcomes Notary Myriam Léger

June 29, 2020 — RSS is pleased to welcome a new member in our Estates, Wills and Trusts Practice Group. Myriam Léger became a notary in 2016. Prior to joining RSS, she was practising in her own firm.

“Myriam’s profile is ideally suited to our team”, says her colleague William Dion-Bernard, also a notary. “She has accumulated a most diversified experience that fits perfectly with our practice.”

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Marcel-Olivier Nadeau Elected Bâtonnier of the Barreau du Saguenay–Lac-Saint-Jean

June 15, 2020 — Marcel-Olivier Nadeau, from our Saguenay office, and a member of our Insurance Law Practice Group, has just been elected bâtonnier (Chair) of the Barreau du Saguenay–Lac-Saint-Jean, one of the 15 local sections of the Bar of Quebec. This election is an eloquent demonstration of the esteem in which he is held by the region’s lawyers.

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The Courts’ Reopening Continues: “Priority” as Well as “Urgent” Matters Are Now Being Heard

June 12, 2020 – Jean-Pierre Sheppard and Lauren Flam, of our Commercial Litigation Department, obtained an interim injunction yesterday to force a defendant who was defaming a company to cease and desist. The Court held that the unfounded accusations of financial impropriety and alleged product quality problems were being circulated in bad faith with the purpose of causing harm to the company.

Defendant was ordered to immediately cease initiating any contact with the company’s customers, suppliers and its other business partners.

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Martin Côté in a Webinar on Solicitor-client Privilege

June 10, 2020 — Martin Côté will be presenting the webinar “Tout ce que vous devez savoir relativement au secret professionnel de l’avocat en entreprise et au privilège relatif au litige” (Everything you must know on solicitor-client privilege for in-house counsel, and on litigation privilege), broadcast on Wednesday, June 17, from 12:00 to 1:30 pm. This activity, hosted by the Bar of Quebec, is recognized for lawyers’ mandatory continuing education.

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