Applicant
Respondent
- Parties: The applicant was Gestion Famille G. Ouellet inc. The respondents were Promutuel de l'Estuaire, société mutuelle d'assurance générale; Ville de Matane; Municipalité de Sainte-Paule; and Les Entreprises de construction St-Raymond.
- Subject Matter: While fire departments were fighting a fire in the inn owned by the applicant, an oil tank was damaged and contaminated the site. The applicant sued the respondents for approximately $56,000 on the basis that the intervention of fire services caused the tank to break. In response, the respondents filed an expert report showing that the intervention complied with the fire risk coverage plan and abided by the rules of the art in firefighting. The applicant asked the court to dismiss the expert report on the grounds of irregularity.
- Ruling: The court ruled in the respondent’s favour and refused the applicant’s request for the rejection of the expert opinion. The court concluded that the expert report was admissible, lacking any irregularities, and relevant since it concerned the heart of the dispute, namely the application of the risk coverage plan and the rules of the art. The court found the report necessary to assist the trier of fact in assessing the actions taken by the fire services to comply with obligations under the risk coverage plan and in determining what fire-fighting techniques the firefighters should use.
- Date: The court released its decision on Nov. 11, 2024.
- Venue: This was a case before the Court of Quebec.
- Amount: No financial award was specified.
Court
Court of QuebecCase Number
125-22-001356-228Practice Area
Insurance lawAmount
$ 0Winner
RespondentTrial Start Date
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