In a recent judgment by the Honourable Daniel Beaulieu, J.C.S., Procureure générale du Québec c. Consultants Aecom Inc. (2021 QCCS 1072), an insurer’s obligation to defend their insured was once again examined by the Court. In 2003, the Claimant, Gervais Dubé Inc. (“Gervais”) had performed work for the Procureur Général du Québec (“PGQ”) and had, […]

The signing of the preliminary contract by the purchaser and the developer represents the first step towards the sale of a condominium unit. It is essentially a contract by which the buyer agrees to buy, and the developer agrees to sell the coveted property on the terms of the purchase. While the construction of a […]

Gascon is pleased to announce the recent arrival of attorneys Alexandra Kallos and Frédéric Savoie to the firm. Since the beginning of her career, Alexandra Kallos has focused her activities in the field of insurance law, first working in the litigation department of a Quebec insurance company and then in private practice. Her expertise and […]

One of the main differences between Quebec insurance law and that of other provinces is a provision that insurers must assume defence costs of their insureds over and above the limits of their insurance policies. First enacted half a century ago, this provision is meant to help insureds by prohibiting the erosion of their insurance […]

Gascon is proud to announce the arrival of Mary Delli Quadri as a Partner within its law firm. Mary Delli Quadri is a seasoned attorney in matters relating to commercial and insurance litigation. She also has many years of experience as a defence lawyer for insurance brokers, financial advisors, and planners. She has also acted […]

[ COVID-19 ]

On March 15, 2020, the Minister of Justice and the Chief Justice of Québec issued Order 2020–4251 to suspend deadlines of civil proceedings and of extinctive prescriptions and forfeitures in civil cases.

[ COVID-19 ]

This article is a review of some recent decisions made by Québec courts regarding commercial leasing during this pandemic.

The Act respecting land use planning and development (hereafter the “Act”) establishes the land use planning and urban planning regime in the province of Québec and confirms, in this regard, the responsibilities of the government, metropolitan communities, regional county municipalities and local municipalities. Articles 227 and following of the Act grant the Superior Court with […]

On October 30, 2019, in Restaurant Canada v. Ville de Montréal1, the Québec Superior Court dismissed an application for judicial review by Restaurant Canada, an association of restaurateurs (the “Association”) supported by member franchisors and franchisees operating in fast food industry. The Association requested that the Court declare the zoning illegal by-law restricting the establishment […]

On October 23, in Optimum Insurance Company Inc. v. National Security Insurance Company1, the Superior Court of Québec reiterated the extent of subrogation by an insurer in the rights of a syndicate of co-ownership. In this case, a fire was caused by an article used for smoking that caught fire near a flowerpot located on […]