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Liability of condo owners: The syndicate’s insurer should be the first target

Whenever damage occurs in a condo building, the directors of the syndicate should first make sure to exhaust all possible remedies against the syndicate’s insurer before filing a claim against a co-owner. Such is, after all, the purpose of the syndicate’s insurance policy.

This newsletter discusses a recent judicial decision in Syndicat des copropriétaires du condominium Verrières VI c. Maddalon, 2018 QCCS 2312, where the syndicate’s claim against a co-owner was dismissed because the directors failed to draw the full benefit of the syndicate’s insurance.

Click here to read more (PDF).

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Not-So-Latent Defects for a Poorly Equipped Tradesman

In Beaudoin v. Boucher, 2025 QCCA 1646, rendered last December 19, the Court of Appeal upheld the dismissal of an action in latent defects brought by the buyers of a residential property. The Court reiterated the buyer’s duty to pursue further inspections when confronted with serious indicia of defects, particularly where they possess recognized expertise […]

When Love and Construction Contracts Go Out the Window…

In Gélinas v. LG Constructions TR inc., rendered on October 30, 2025, the Court of Appeal comments on the legal framework governing a contractor unilaterally terminating two construction contracts. In particular, the Court clarifies the application of article 2129 of the Civil Code of Quebec (“C.C.Q.”), which provides, when applicable, that a client is bound […]

Finally Properly Interpreted, the Policy Had a Heart

In a recent decision, Morissette v. BMO Société d’assurance vie, the Superior Court reviewed the principles applicable to the interpretation of insurance policies. Facts In June 2003, the Plaintiff took out a health insurance policy (hereinafter “Policy”) with BMO Société d’assurance vie (hereinafter “BMO”). The Policy provides, among other things, that $150,000 will be paid […]

When the Remedy Becomes the Dispute: Medical Liability Under Scrutiny

In the case N.L. v. Mathieu, 2025 QCCS 517, the Superior Court dismissed a medical liability lawsuit filed by a teacher against her former family doctor, in which she sought over $1.9 million in damages. The plaintiff accused her doctor of having inappropriately prescribed medication over several years, without proper follow-up and without informing her […]

Bill 89 and the Future of Labour Disputes in Quebec

Passed by the National Assembly on May 29, 2025, Bill 89 (An Act to give greater consideration to the needs of the population in the event of a strike or a lock-out, hereinafter the “Bill”) will come into force on November 30, 2025. The Bill, which has faced strong opposition from unions, will bring significant […]