On December 6, 2017, in Syndicat Lofts Wilson v. 1061
St-Alexandre, the Honourable Élise Poisson of the Superior
Court of Québec handed down a ruling on the duty of insurer
Royal & Sun Alliance Insurance Company of Canada (hereinafter
RSA) to defend the insured Constructions Reliance du Canada
ltée (hereinafter Reliance).
The relevant facts are as follows. In April 2010, Reliance was
engaged as a general contractor to renovate an old building and
convert it to condominiums. In September 2011, the architect issued
a completion certificate along with a list of the work to be
completed. In October 2012 and January 2013, the technologist hired
by the Syndicat Lofts Wilson syndicate filed reports attesting to
several construction deficiencies. Reliance required the correction
of these deficiencies by the various subcontractors involved in the
project. Dissatisfied, the syndicate filed an introductory motion
seeking damages against Reliance in October 2015.
