By MichaelSchacterKaufman Laramée LLP In the world ofinsurance, complex claims are often subject to a statutory examination (interrogatoire statutaire), whereby theinsurer, through its attorney, questions the insured under oath and in thepresence of a stenographer regarding the circumstances of the claim. However, thejurisprudence is quite controversial as to whether or not an insured isobligated to submit to a statutory examination. The matter of Sauvé v. SSQ, assurances générales, 2012 QCCQ 464 cites several judgmentsarguing both sides of this issue (footnotes 30 and 31). Fortunately, the recentdecision of the Court of Appeal in IntactAssurances inc. v. 9221-2133 Québecinc. (Centre Mécatech) 2015 QCCA916 has provided some guidance. The Court ofAppeal was called upon to review the judgment of the Honourable FrançoisGodbout, J.C.Q., who maintained the plaintiff’s insurance claim notwithstandingthe fact that he failed to submit to a statutory examination. Judge Godboutfound that the plaintiff’s consent for the insurer to collect information fromthird… Lire la suite
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