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Quebec Court of Appeal orders insurer to indemnify investors swindled out of savings by their financial adviser

Norton Rose Canada LLP
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Canada
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September 11 2012

On August 2, 2012, the Quebec Court of Appeal, per the Honourable Marie-France Bich, J.A., handed down a unanimous decision in Alimentation Denis et Mario Guillemette inc. and upheld the judgment of the Honourable François Huot, J.S.C., ordering an insurer to pay $460,000 to investors who had lost their life savings as a result of negligent acts committed by their financial planner and the firms for which he worked

Quebec Court of Appeal limits the subrogation rights of insurers under a builders’ risk insurance policy

Norton Rose Canada LLP
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Canada
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April 7 2009

Efficiency and success in completing a construction project will often depend on the cooperative attitude prevailing among all the various participants performing work on the job site

Directors’ and officers’ liabilities in an insolvency context

Norton Rose Canada LLP
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Canada
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February 5 2010

Directors and officers of corporations are often subject to potential personal liabilities as a result of their positions

Pollution exclusion in CGL policies: Ontario Court of Appeal addresses the issue

Norton Rose Canada LLP
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Canada
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June 8 2011

The Court of Appeal for Ontario’s recent ruling in ING v. Miracle clarifies the interpretation to be given to pollution liability exclusion clauses contained in commercial general liability insurance policies (commonly referred to as CGL policies) by clearly asserting that the principle of interpretation developed by a body of American case law whereby exclusion is limited to “active polluters” does not apply in Canada

Pension and benefit plans in Quebec

Norton Rose Canada LLP
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Canada
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April 12 2012

The number of disputes resulting from the termination of retirees’ life and health insurance plans (medical care, prescription drugs, etc.) is on the rise

Clause permitting an insurer to limit or cancel coverage upheld by Quebec Superior Court

Norton Rose Canada LLP
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Canada
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January 18 2008

The Quebec Superior Court has upheld a clause in a credit insurance policy allowing the insurer to cancel or amend approved credit coverage

Supreme Court of Canada: insurers cannot always benefit from legal subrogation

Norton Rose Canada LLP
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Canada
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February 13 2008

A recent decision of the Supreme Court of Canada, in a case from Quebec, confirms the wisdom of insurers’ longstanding practice of obtaining a transfer of their insureds’ rights when they pay claims

Ontario Court of Appeal denies a liability insurer the right to appoint defence counsel

Norton Rose Canada LLP
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Canada
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April 25 2008

The past few years have seen a number of rulings by the courts relating to liability insurers’ duty to defend their insureds

An insured may be represented by more than one lawyer in some circumstances

Norton Rose Canada LLP
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Canada
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September 30 2009

In Gagnon c. Sinotte, a decision handed down by the Quebec Court of Appeal on August 13, 2009, the Court recognized the right of a liability insurer whose insured is the subject of a countersuit to appoint an attorney to take up the defence other than the attorney already representing the insured in the principal action

The Quebec Court of Appeal innovates by recognizing “potential subrogation”

Norton Rose Canada LLP
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Canada
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June 19 2009

The facts in Kingsway are quite straightforward

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