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The obligation to defend and the importance of clear wording in insurance policies and hold harmless and indemnification agreements

Canada - March 5 2012 In the case of Gestion Laberge Inc. vs. Hatzlatcha Holdings Inc., Justice Marc St- Pierre rendered a judgment in favour of an insurer following the presentation of what has been commonly come to be known as a Wellington Motion by the insured seeking an order that their insurer, Lloyd’s Underwriters (among others), take up its defence....

Fire Safety Act: first ruling by the Québec Superior Court on the interpretation of the immunity contained in the act

Canada - August 23 2011 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....