Description
Jean-François Pichette joined the firm in 2008. He practices primarily in the area of civil & commercial litigation, particularly in the fields of damage insurance and civil & professional liability.
Jean-François has been advising various insurers for a number of years in matters such as the interpretation of insurance policies, indemnification and civil liability.
He represents clients on such matters before the courts on a regular basis.
Jean-François has written extensively on damage insurance and civil liability and given a number of conference presentations and training sessions in those areas. He is a regular contributor to the Repères newsletter published on the Droit civil en ligne website of Éditions Yvon Blais.
His writings have been cited on numerous occasions by various authors and courts, including the Quebec Court of Appeal.
Associations & Achievements
2011- Participant in the 5th annual Coups de théâtre benefit function for the Théâtre de La Bordée and recipient of the Coups de théâtre 2011 trophy.
2008-2011 - Member of the Quebec Bar’s committee on balancing work and family life
2008 - Member of the Canadian Bar Association’s committee on networking
2007-2012 - Board member of Théâtre Les Gros becs
2007 - Member of the Quebec Bar’s ad hoc committee on civil procedure
2006-2008 - Member of the Quebec Bar committee on the Court of Québec
1997-2010 - Participant in the Mécènes sur les planches benefit event for the Théâtre du Trident
1994 - Member of the Canadian Bar Association
Presentations & Conferences
2010- "Latent defect claims", lunchtime presentation to the Young Bar of Quebec City.
2009- "The insurer's power to investigate", training session accredited by the Institut d’assurance dommages du Québec, given to clients of the firm.
2009- "The practical impact of the latest Quebec and Canadian court decisions on your files", delivered at a seminar on general liability and property insurance claims and litigation in an uncertain economic climate, organized by the Canadian Institute.
2009 - "All you need to know about statutory examinations", a presentation at a continuing education conference on recent developments in insurance law, organized by the Quebec Bar.
2008 - "When an Insurer's Actions Expose It to Liability": Canadian Institute Conference on the Management of Disability Insurance Claims and Litigation (together with François LeBel).
2008 - "Fraudulent Claims: Breakfast conference for Association des femmes d’assurance de Québec" (together with Patricia Dupuis).
2006 - "Recent Developments in Insurance Law", Quebec Bar professional development program
2006 - "CGU v. Wawanesa and Axa: The Direct Recourse of a Subrogated Insurer (Art. 2501 C.C.Q.) and Issues Regarding Prescription: The Court of Appeal’s Decision"
2006 - "Management of General Liability and Property Insurance Disputes / Practical Aspects of Case Management and the Latest Legal and Jurisprudential Developments", Canadian Institute, October 2006)
2006 - "Initial Declarations: Concealment, Misrepresentation and Nullity Ab Initio of the Contract"
2005 - "Insurance Disputes/Latest Legal Developments and Strategies for Managing and Winning Your Cases", Canadian Institute, November 2005
2005 - "An Analysis of the CGU v. Wawanesa and Axa case and its Consequences for the Insurance Sector"
2005 - "Insurance and Civil Responsibility/Complete Guide to Commercial Practices to Adopt", Insight, December 2005
2005 - "Exclusion for Damage Caused by Pollution: The Need for a Contextual Interpretation Despite the American Jurisprudential Confusion", together with Sébastien Pierre-Roy, McCarthy Tétrault, LLP
2003 - Accredited training by the Institut d’assurance dommages du Québec
2004 - Simulated trial (training provided together with others)
2005 - "Use of Polygraph Experts in Investigations and Before the Courts"
Publications
2011 - Automobile insurance: damage insurance agents and brokers reference manual F412, by Jacques Bélanger et al., 1st ed., 2011, Québec City and Montréal, Autorité des marchés financiers, 2011 — 3 vol. (member of editorial board and consultative and content-review committee)
2011 - Automobile insurance: claims adjusters reference manual F512, by Jacques Bélanger et al., 1st ed., 2011, Québec City and Montréal, Autorité des marchés financiers, 2011 — 3 vol. (member of editorial board and consultative and content-review committee)
2011 - Case comment on Progressive Homes Ltd. v. Lombard General Insurance Company of Canada – "The Supreme Court of Canada considers the concepts of ‘accident’ and ‘property damage’ as well as the insurer's obligation to defend against a claim for defective workmanship” EYB2011REP1016
2010 - Case comment on Johnston v. Chubb Insurance Company of Canada – "Claim for a reduction in price because of a latent defect, and the applicability of liability insurance: the Court of Appeal rules" EYB2010REP977
2010 - Comment on the decision in Co operators Life Insurance Co. v. Gibbens - "The Supreme Court of Canada rules on the meaning of 'accident' and 'disease' in accident insurance matters", in Repères, EYB2010REP916
2009-Comment on the decision in Tremblay v. Compagnie d'assurances Coseco - "The importance of full initial disclosure of the risk", in Repères, EYB2009REP802
2009-"Statutory examinations and the insured's duty to cooperate", in Développements récents en droit des assurances (2009), Quebec Bar Continuing Legal Education Service, EYB2009DEV1566
2009-Comment on the decision in Barnes v. Union-Vie, compagnie mutuelle d'assurance - "The risks associated with the production of medical files under articles 294.1 and 403 of the Code of Civil Procedure", in Repères, EYB2009REP836
2009-Comment on the decision in Compagnie GMAC location v. Promutuel Dorchester, société mutuelle d'assurance générale - "The insurer's obligation to inform the lessor of a vehicle regarding the modification of its contract", in Repères, EYB2009REP871
2009-Comment on the decision in Lombard du Canada ltée v. Ezeflow Inc. - “Pure economic loss resulting from the inadequate performance of a product and the meaning of an 'occurrence' ", in Repères, EYB2008REP779
2008- Comment on the decision in Kansa General International Insurance Company Ltd. (liquidation of): The liability insurer’s obligation to defend and whether a settlement reached without its participation can be set up against it. Repères, July 2008, EYB2008REP731
2008 - Comment on the decision in Thibault v. Dubé: To live or not to live under the roof of the named insured, THAT IS THE QUESTION! Repères, March 2008, EYB2008REP688
2007 - Comment on the decision in Lefebvre v. Axa Insurance Inc.: The importance of the questions asked by the insurer when the policy is underwritten and the heavy burden on the insurer alleging a fraudulent claim. Repères, July 2007, EYB2007REP615
2007 - Comment: Interpreting insurance contracts in Quebec and the theory of the insured’s reasonable expectation. Repères, February 2007, EYB2007REP555
2007 - Comment on the decision in Lafrenière v. Sun Life Assurance Company of Canada: An insurance company breaches its duty of care by dealing with an apparent creditor when demutualizing. Repères, June 2006, EYB2006REP490
2006 - CGU v. Wawanesa and Axa: The Direct Recourse of a Subrogated Insurer (Art. 2501 C.C.Q.) and Issues Regarding Prescription: The Court of Appeal’s Decision. Développements récents en droit des assurances (2006), Quebec Bar Professional Development program, 2006, EYB2006DEV1148
2006 - Comment on the decision in Thibeault v. Industrial Alliance Insurance and Financial Services Inc.: The insurer must try to protect the rights of the insured. Repères, June 2006, EYB2006REP494
2006 - Excluding damage caused by pollution: The insurer’s point of view. HEC-Montréal, Insurance and Risk Management, April 2006, volume 74 (1)
2006 - Comment on the decision in Smurfit-Stone Inc. v. Goudreault: The Court of Appeal confirms that the good faith required by Article 1559 CCQ is always presumed. Repères, February 2006, EYB2006REP434
2005 - Comment on the decision in Langlois v. Wawanesa Mutual Insurance Company: Declaring the risk: can the insurer really assume the insured’s good faith and reputation? Repères, January 2005, EYB2005REP302
2005 - Comment on the decision in Clavet v. Clarica Life Insurance Company: Cancellation of insurance policies: is the insurer obliged to protect the interests of the beneficiary? Repères, February 2005, EYB2005REP316
2005 - Comment on the decision in Yelle v. City of Sherbrooke: Slip-and-falls on sidewalks: is the property-owner always justified in assuming that it is not the insurer of passing pedestrians? Repères, October 2005, EYB2005REP403
2004 - Comment on the decision in Entreprises Victor Grenier Inc. v. Félix Franciscault & Associés Inc.: The insurance broker’s duty to advise a client insured by foreign insurers not licensed in Quebec. Repères, October 2004, EYB2004REP277
2004 - Comment on the decision in Desbiens v. Société Nationale d'assurance Inc.: Declaring the risk: can the insurer and the broker really assume the insured’s good faith and reputation? Repères, April 2004, EYB2004REP212
2004 - Comment on the decision in Richard v. Wawanesa Mutual Insurance Company: When delays in processing a claim and the grounds for denying coverage become bad faith. Repères, July 2004, EYB2004REP250
2003 - Comment on the decision in Axa Boreal Insurance Inc. v. Université Laval: Corollary of the obligation to defend: prescription and the rights of the liability insurer. Repères, May 2003, EYB2003REP1
2003 - Comment on the decision in Coopérative forestière Laterrière (Notice of Intention): Utmost good faith and the insolvent insurer. Repères, October 2003, EYB2003REP33
2003 - Comment on the decision in D. (M.) v. Axa Insurance Inc.: When the criminal record of a young offender resurfaces. Repères, August 2003, EYB2003REP20
2003 Comment on the decision in Desjardins-Laurentian Life Insurance v. Poirier-Wilson: The Court of Appeal reiterates that in life insurance matters the applicant must be in utmost good faith. Repères, October 2003, EYB2003REP35
2003 - Comment on the decision in La Capitale General Insurance v. Groupe Commerce compagnie d'assurances: Can an insurer be an affiliate of the insured? Repères, November 2003, EYB2003REP43
2003 - Comment on the decision in DMR Group Inc. v. Kansa General International Insurance Company Ltd.: The twin mandate of the liability insurance lawyer and solicitor-client privilege. Repères, October 2003, EYB2003REP34
2003 - Comment: The obligation to defend: from the Nichols decision to today. Repères, July 2003, EYB2003REP12, approx. 6 pages
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