36718  Uniprix Inc. v. Gestion Gosselin et Bérubé Inc. et al.


Contract – Contract of affiliation – Renewal clause

The parties had been bound by a contract of affiliation since 1998. A clause in the contract provided that the contract would be renewed automatically every five years unless the respondents gave notice to the contrary. Six months before the contract term expired, the applicant sent a notice of non-renewal. The respondents, the beneficiaries of the renewal clause in the contract, refused to allow the applicant to terminate the contract in that way and brought a motion before the courts for a declaratory judgment and permanent injunction. The Quebec Superior Court allowed the motion in part and the appeal was dismissed.

36703   Mohsen Saadati, by his Litigation Guardian, Sara Zarei v. Grant Iain Moorhead et al.


Torts — Negligence — Personal injury

Between 2003 and 2009, Mr. Saadati was involved in five motor vehicle accidents, sustaining various injuries. He was declared mentally incompetent in 2010. This litigation arises out of the second accident on July 5, 2005, whereby Mr. Saadati’s tractor-truck was hit by a Hummer driven by the respondent Mr. Moorhead. Mr. Saadati’s vehicle sustained damage. Mr. Saadati started this action after the third accident. He sought non-pecuniary damages and past wage loss. The respondents admitted liability for the accident, but opposed the claim for damages.

The evidence at trial focused on the injuries suffered in the second accident and the effect that the third accident had on those injuries. Mr. Saadati was unavailable to testify at trial. The trial judge rejected Mr. Saadati’s claim for a physical injury arising from the accident. The trial judge also found that Mr. Saadati had not established a psychological injury, based on the evidence of his expert psychiatrist. The trial judge, however, found that the testimony of Mr. Saadati’s family and friends had established a psychological injury. The Action was allowed in part and $100,000 was awarded in non-pecuniary damages. The Court of Appeal allowed the appeal from the damages award.

36775  Attorney General of Quebec v. Ronald Guérin


Health law — Public health insurance plan — Administration

The Attorney General of Quebec is applying for leave to appeal the judgment rendered by the Court of Appeal on October 21, 2015 dismissing the appeal from the judgment rendered on December 18, 2013 by the Superior Court, which allowed the motion for judicial review brought by the respondent, Dr. Ronald Guérin. Specifically, the Superior Court reversed the decision made by the council of arbitration on January 29, 2013 and found that the council had jurisdiction to decide the dispute submitted by the respondent on January 30, 2012. The respondent had asked the council of arbitration to declare that the clinics he represented met the necessary conditions for obtaining a special fee. The issue is whether a medical specialist, as an individual, may submit that dispute to the council of arbitration established by s. 54 of the Health Insurance Act or whether only the medical specialist’s representative association, the Fédération des médecins spécialistes du Québec, has the interest required. The Superior Court of allowed the respondent’s motion for judicial review. The Court of Appeal allowed the Attorney General’s appeal.