Publications

PFD | Insurance

  • May 2018
    PFD | Insurance

    The insurer's duty to defend the insured

    By Marie-Ève Dufort Lawyer
    On December 6, 2017, in Syndicat Lofts Wilson v. 1061 St-Alexandre, the Honourable Élise Poisson of the Superior Court of Québec handed down a ruling on the duty of insurer Royal & Sun Alliance Insurance Company of Canada to defend the insured Constructions Reliance du Canada ltée.

  • March 2018
    PFD | Insurance
    Civil liability suits

    The Prudent and Diligent Person in an Emergency

    By Audrey Chevrette Lawyer
    On March 3, 2012, two experienced emergency medical technicians (EMTs) responded to a call at Cadillac métro station, where an individual was threatening to commit suicide. When they arrived, the person had acted on the threat.

  • January 2018
    PFD | Insurance

    The rule of proportionality in insurance: What exactly is the 80% co-insurance clause?

    By Genevieve Forget Lawyer
    In our practice, we are often asked about the scope of a clause included in most damage insurance policies. Unfortunately, a number of policyholders only become aware of it and its significance after damages have occurred and the settlement is far lower than expected.

  • February 2016
    PFD | Insurance

    Physician assisted death: how far have we come?

    By Annie-Claude Ménard, François Alexandre Guay
    Since it was passed on June 5, 2014, the Act respecting end-of-life care has been the subject of extensive media focus and much debate. In Québec, the courts were recently called upon to consider the constitutionality of certain articles set out in the Act. And in a ruling in February 2015, the Supreme Court of Canada handed down a decision in a British Columbia case on the constitutionality of the prohibitions pertaining to physician-assisted death in the Criminal Code. In light of these developments, it is important to take stock of the distance covered thus far.

  • December 2015
    PFD | Insurance


  • July 2015
    PFD | Insurance


  • May 2015
    PFD | Insurance

    Sport activities and risk acceptance

    By Genevieve Forget Lawyer
    Sport activities involve a certain level of risk that athletes (and enthusiasts) are expected to be aware of and accept. However, this does not mean that a person who is injured while practising a sport has no recourse against a third party.

  • December 2014
    PFD | Insurance

    Should a policyholder who disagrees with an insurer's decision to deny coverage still proceed with emergency repair work?

    By Annie-Claude Ménard
    The Court of Appeal of Québec recently addressed the issue in Lebel v. 9067-1959 Québec inc. (2014 QCCA 1309).

  • December 2014
    PFD | Insurance


  • September 2014
    PFD | Insurance


  • December 2013
    PFD | Insurance


  • September 2013
    PFD | Insurance


  • November 2012
    PFD | Insurance


  • September 2012
    PFD | Insurance


  • July 2012
    PFD | Insurance


  • May 2012
    PFD | Insurance


  • February 2012
    PFD | Insurance


  • November 2011
    PFD | Insurance


  • September 2011
    PFD | Insurance


  • June 2011
    PFD | Insurance

    Regardless of the terms of the policy, underinsurance may lead to an indemnity that is lower than the actual value of the damages

    By Annie-Claude Ménard
    When taking out a new owner-occupant home insurance plan to cover building losses, it is important to properly assess the aggregate value of the building. In fact, an appraisal that is lower than the building's actual value may lead to unfortunate consequences for the building owner, regardless of the terms of the insurance policy.

  • April 2011
    PFD | Insurance


  • March 2011
    PFD | Insurance


  • February 2011
    PFD | Insurance
    KEY CLAUSES IN INSURANCE CONTRACTS

    Warranties

    By Frédéric Savard-Scott
    The Québec Court of Appeal confirmed a Superior Court ruling that insurance policyholders must meet the commitments to which they subscribe in their contracts.

  • January 2011
    PFD | Insurance


  • September 2010
    PFD | Insurance


  • May 2010
    PFD | Insurance


  • October 2009
    PFD | Insurance


  • September 2009
    PFD | Insurance


  • June 2009
    PFD | Insurance

    Warranty against latent defects

    A seller in good faith must assume an important obligation.

  • April 2009
    PFD | Insurance


  • March 2009
    PFD | Insurance