A Recent Superior Court Decision Saves An Insurer's Subrogatory Action

On April 20 the Quebec Superior Court rendered a decision¹ holding that the refusal by the insured to submit to a pre-trial examination does not constitute grounds for the dismissal of a subrogatory action brought by the insurance company. 

In 2013, a fire destroyed the home of the insured under a policy issued by the plaintiff, Chartis Insurance Company of Canada ("Chartis"). After indemnifying the insured, Chartis instituted subrogatory proceedings against the defendant S.C.E. Électrique Inc. ("SCE").

SCE sought to examine the insured on discovery. However, the insured were by then residing in Costa Rica, and despite several attempts by Chartis to persuade them to cooperate, the examinations never took place.