Nathalie Dubé

Recovery – Lac-Mégantic tragedy

Represented several insurers in a subrogatory action against Canadian Pacific and Montreal, Maine & Atlantic Canada following the July 2013 rail disaster in Lac-Mégantic. Many experts and witnesses testified in this complex trial, which spanned more than eight months. The dispute centred on a rail carrier’s liability and safety obligations with respect to product classification and railroad operations. The insurer’s action ran parallel to the class action suit and the Attorney General of Québec’s action. The dispute is now before the Court of Appeal.

Insurance coverage

Worked on numerous legal opinions on insurance coverage.

9124-4541 Québec inc. et al. v. Intact Assurance

Successfully contested a claim by Intact’s insureds following a fire in a poultry processing plant. Despite the insurer’s insistence that restoration measures be taken, the insureds failed to do so. The latter nevertheless maintained that their loss of clientele and the deterioration of the premises were attributable to the insurer, from which they claimed over $8 million. The dispute centred on the obligations of the parties to an insurance contract following a loss and particularly the insured’s obligation to minimize its losses. This obligation had been discussed at first instance and was restated and confirmed by the Court of Appeal.