Forced intervention and recourse in warranty: recent analysis of the Québec Superior Court
The Québec Code of Civil Procedure c-25.01 provides litigants with two procedural mechanisms for involving a third party in the proceedings, namely, (1) a recourse in warranty, which allows the litigant to be indemnified for an adverse judgment, and (2) forced […]
Legal insights: Upholding forum selection clauses in insurance cases
This case concerns a legal dispute involving Avantys Health Inc., an international medical insurance company (the “Insurer”) and its insureds, an American couple residing in Florida (the “Insureds”). For the purpose of this article, we will discuss the Court of […]
Litigation privilege: A recent review by the Superior Court of Quebec
In insurance matters, litigation privilege is a frequent principle of law raised by litigators to deny the disclosure of documents. On February 2, 2023, Justice Daniel Dumais of the Superior Court of Quebec adjudicated an objection based on this particular […]
Exceptions to mandatory costs-exclusive policy limits in Québec
Up until the adoption of Bill 82 and its regulations, Quebec was the only Canadian province where an insurer was legally obligated to take up the defence of its insured and cover legal fees over and above the limits of […]
