Articles

Directors’ Liability: Get the Means to Defend Yourself!

The directors of any corporation have important duties and obligations which, in certain cases, can entail their personal liability. As in any area of human activity, allegations of fault can be made against directors, and the latter must defend themselves in order to show that the allegations are either baseless or that the director acted with due diligence.

Statutory liabilities are of a different nature. We touched on them very briefly in our article entitled “Duties and Obligations of Directors: a Brief Overview”. In this article, we will deal with them in more detail.

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An Injury Sustained While Clearing Snow off a Vehicle Is an “Automobile Accident”, the Court of Appeal Decides

This article is a modified version of a case comment initially published by Éditions Yvon Blais (Thomson Reuters) in August 2018 (EYB2018REP2523).
As two recent court cases show, getting injured while clearing snow from a car does not immediately bring to mind the concept of an automobile accident. The Court of Appeal, however, in its recent decisions in Vaillancourt v. Blackburn and Hôtel Motel Manic Inc. v. Pitre, has recognized that such an injury can be characterized as an “automobile accident” within the meaning of the Automobile Insurance Act, CQLR, c. A-25 (the “Act”), thereby putting an end to a prevailing conflict in the case law.

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Demystifying Construction Management Contracts

While construction management contracts have gained in popularity since the revision of standard contracts proposed by the Canadian Construction Documents Committee (the “CCDC”) in 2010, they have given rise to recurring questions among stakeholders in the construction industry and members of the legal community.

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The Post-Loss Investigation: the Insured’s Obligation to Come Clean

The law provides that following a loss, the insured is obliged to cooperate with the insurer during the latter’s investigation, to answer its questions and to inform it of all circumstances surrounding the loss.

The law also provides that any deceitful representation by the insured entails the loss of the right to be indemnified for the risk to which the misrepresentation relates.

The recent judgment in the matter of Anderson v. Intact compagnie d’assurances deals with the scope of the insured’s obligation to cooperate with the insurer during the latter’s investigation into the loss.

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