All posts tagged: Immunity

New Quebec ethics bill raises concerns

A bill introduced recently by the Quebec government that aims to fortify governance and ethics in professional corporations, better protect the public, and encourage professionals to denounce reprehensible acts has been praised but also drawn concerns from disciplinary law experts.

Bill 98, a piece of legislation that acts on four of the 60 recommendations made by the Charbonneau’s Commission’s report on granting and management of public contracts in the construction industry, will bolster the powers of the regulatory body that oversees Quebec’s 46 professional corporations, including lawyers and accountants, will hand more discretionary powers to the syndic or ethics officer, and will under certain circumstances provide protection to whistleblowers.

Third parties receive immunity from damages under Quebec’s no-fault insurance automobile regime

Quebec’s no-fault insurance automobile regime leaves no place for medical malpractice suits or lawsuits alleging negligence, carelessness, or recklessness committed by third parties following a car accident, held the Quebec Court of Appeal in two separate but related rulings.

In yet another forceful reminder that injuries connected to a motor vehicle are covered by the Quebec Automobile Insurance Act, the Quebec appeal court reaffirmed that a “large and liberal interpretation” must be given by the courts when interpreting what is considered to be an automobile accident and the causal link required between the accident and the damage suffered by the victim.

But the two rulings, Gargantiel v. Quebec (Procureure générale) 2015 QCCA 224 and Pagé v. Godbout 2015 QCCA 225, not only blocks victims from being adequately compensated but also shields third party interveners such as doctors and police from being held civilly liable for faults they may have committed after the accident, assert medical malpractice experts.