Beneva Insurance Company Inc. v. 9276-7386 Québec Inc.
BENEVA INSURANCE COMPANY INC.
Law Firm / Organization
Beneva Lawyers
Lawyer(s)

Laurence Colpron

PROMUTUEL CENTRE-SUD, SMAG
Law Firm / Organization
GLP Avocats
Lawyer(s)

Malika Bijjou

9276-7386 QUEBEC INC.
Law Firm / Organization
Not Specified
DNA TRUST
Law Firm / Organization
Not Specified
PLUMBING R. FORTIER INC.
Law Firm / Organization
Fiscalliance
Lawyer(s)

Charles Shearson

LLOYD'S SUBSCRIBERS
Law Firm / Organization
Clyde & Co Canada LLP
Lawyer(s)

Sophie Alary

Case Background:

  • Two insurance companies, Beneva Insurance Company Inc. and Promutuel Centre-Sud, S.M.A.G., initiated subrogatory claims for damages due to water damage in a condominium property.
  • Incident: Ruptured bathroom pipe caused the water damage.
  • Claims: Promutuel claimed CAD 20,014.94; Beneva claimed CAD 11,676.85.
  • Defendants include property owner (9276-7386 Québec Inc.), contractors (Plomberie R. Fortier Inc.), and liability insurers (e.g., Lloyd’s underwriters).

Procedural History:

  1. Promutuel filed its claim on June 23, 2022, under standard civil procedure rules.
  2. Beneva filed its claim on February 2, 2024, under simplified procedure rules.
  3. Cases were consolidated on May 21, 2024.
  4. Initial settlement conference efforts failed due to lack of cooperation among parties.
  5. A preparatory conference was scheduled for December 10, 2024.

Key Rulings and Orders:

  1. Conference Rescheduling:
    • The December 10, 2024, conference was postponed to January 14, 2025, due to scheduling conflicts among lawyers.
  2. Rejection of Virtual Attendance:
    • Request by Lloyd’s representative for virtual attendance was denied.
  3. Filing Deadline:
    • Parties must submit a joint procedural plan by January 8, 2025.

Judicial Reasoning:

  • Recognized simplicity of the dispute and low monetary stakes.
  • Emphasized procedural efficiency, proportionality, and cooperation.
  • Criticized lack of meaningful progress in the case.

Outcome:

  • Preparatory conference set for January 14, 2025, to expedite proceedings.
  • There is no mention of damages or costs being awarded. Both claims remain pending
  • Successful Party: The case document does not indicate a resolution or determination on liability or damages at this stage.
Court of Quebec
450-22-015756-241
Insurance law