Tag Archives: Superior Court of Quebec

Pascale Nolin appointed a judge of the Superior Court

January 22, 2018 — RSS is proud to announce that Pascale Nolin, a long-time partner in its Family Law Practice Group, has been appointed a judge of the Superior Court of Quebec.

Charles E. Flam, the firm’s managing partner, expressed his gratitude towards the Honourable Justice Nolin. “For many years, Pascale helped make our Family Law Practice Group a model of excellence. Of course, we are sad to lose such a brilliant lawyer who was also an esteemed colleague. But she’s following the lead of several RSS lawyers before her, whose skills resulted in their appointment to occupy one of the key positions in the Canadian judicial system. We thank her for her dedication to RSS and to her clients and wish her the great success that she deserves.”

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Out of the Frying Pan and into the Fire — The Insurer’s Burden of Proof in the Matter of Intentional Acts by an Insured

A commentary by Alexandra Kallos, from our Insurance Law Practice Group.

The consequences of accusing an insured of having attempted to fraudulently obtain an insurance indemnity are serious. The Superior Court of Quebec issued an important reminder of the insurer’s burden of proof in the case of Eggsotique Café inc. c. Promutuel Lanaudière, société mutuelle d’assurances générales (2015 QCCS 178).

Ms. France Corbeil was the sole shareholder and director of l’Eggsotique Café inc (the insured). She had worked her entire life as a waitress. Following the death of her husband, she decided to open her own restaurant. By way of the insured company, she purchased a commercial building: the rent paid by the tenants would cover the monthly expenses of the building. She obtained a mortgage from the bank to finance the majority of this purchase. Within the first year of operation of the restaurant, she had already reimbursed a portion of the loan to the vendor and had borrowed more money from the bank to add improvements to the restaurant.

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