Insurers risk hefty bill if they (erroneously) conclude they have no duty to defend

Insurance companies who conclude that they have no duty to defend an insurer facing an action, and by extension no obligation to indemnify, risk being surprised with a hefty bill, following a ruling by the Quebec Court of Appeal.

In a ruling that repeatedly hammers the distinction between a liability insurer’s duty to defend with its obligation to indemnify, the appeal court warns insurance companies that it cannot come to the hasty conclusion that it has no duty to indemnify simply because it has no duty to defend.

Continue reading “Insurers risk hefty bill if they (erroneously) conclude they have no duty to defend”

Quebec Appeal Court overturns ruling dealing with Mulroney-Schreiber affair

The Quebec Court of Appeal overturned a ruling that temporarily suspended a civil suit launched by German-Canadian lobbyist Karlheinz Schreiber against former Canadian Prime Minister Brian Mulroney until the so-called Oliphant inquiry delivered its final report.

Schreiber filed a suit based on a verbal contract he alleges he reached with Mulroney in Hull, a town located across from the nation’s capital. But the 74-year old deal maker sought to suspend the suit, arguing that his examination before a public inquiry could cause him harm as Mulroney could use information obtained in the course of examination against him. Continue reading “Quebec Appeal Court overturns ruling dealing with Mulroney-Schreiber affair”

Quebec minister has wide powers over immigration rules appeal court

The Quebec government has wide discretionary powers to issue selection certificates to foreign nationals seeking to settle permanently in the province, according to two rulings issued concurrently in related matters by the Quebec Court of Appeal.

Indeed, the Court points out that under the Act respecting immigration to Québec (the Act), the Quebec Minister of Immigration and Cultural Communities can issue selection certificates to applicants who do not satisfy conditions and selection of criteria established by government policy, or refuse applicants who meet the conditions. Continue reading “Quebec minister has wide powers over immigration rules appeal court”