Executive Summary: Key Legal and Evidentiary Issues

• Promutuel du Lac au Fleuve sought voluntary intervention as a precautionary intervenor in proceedings brought by Véronique Dufour against Manon Lemieux and Jacky Vibert.
• At issue was Promutuel's ability to distinguish between damages arising from two separate water-damage events at the plaintiff's residence.
• Disclosure of documents from the plaintiff's own insurance claim file (no. 39733010-03) was contested due to privacy legislation under the Act respecting the protection of personal information in the private sector.
• Promutuel alleged it had repeatedly and unsuccessfully attempted to obtain additional information and documents related to the plaintiff's claim, impairing its ability to mount a full and complete defence.
• The court declined to issue an order against third party 9049-6530 Québec Inc. (Le Poseur), finding that Promutuel had other legal means available to compel its participation.
• This is an interim judgment; no final determination on the merits of the underlying claim was made.

Facts of the case

Véronique Dufour commenced proceedings before the Court of Québec (Civil Division) in the district of Mingan, Sept-Îles, against defendants Manon Lemieux and Jacky Vibert. Promutuel du Lac au Fleuve, société mutuelle d'assurance générale (Promutuel), insurer of defendant Manon Lemieux in civil liability, sought to intervene voluntarily on a precautionary basis. The alleged damages in the underlying claim were discovered during a separate water-damage incident at the plaintiff's residence — specifically, a water leak caused by a refrigerator. Some of the repair work appeared to have been carried out in connection with an insurance claim that the plaintiff herself had filed with Promutuel, recorded under file number 39733010-03.

Policy terms and disclosure issues

Promutuel's intervention centred largely on evidentiary and disclosure concerns. It alleged that it had made multiple unsuccessful attempts to obtain additional documents and information related to Dufour's claim, leaving it unable to mount a full defence. In particular, Promutuel sought to distinguish between damages attributable to each of the two separate water-damage events — the one giving rise to the present litigation and the refrigerator-related incident. Because some repair works appeared connected to the plaintiff's own claim against Promutuel, the insurer needed access to documents in file no. 39733010-03. The court noted that access to this file was complicated by the Act respecting the protection of personal information in the private sector, given the absence of the plaintiff's consent. Promutuel also sought an order against third party 9049-6530 Québec Inc. (Le Poseur), which was not a party to the proceedings.

Court's reasoning and analysis

The court, presided over by the Honourable Vicky Lapierre, J.C.Q., grounded its decision in articles 540(1) and 169(1) of the Code of Civil Procedure. It found that Promutuel's voluntary intervention should be allowed and that its request for additional documents and clarifications should be partially granted. The court reasoned that resolving the disclosure issues prior to the hearing was necessary to allow for a complete and efficient resolution of the dispute. As to the third-party order sought against 9049-6530 Québec Inc. (Le Poseur), the court declined to act, finding that Promutuel had other legal avenues available to compel that party's attendance and production of documents, and that it was not appropriate at this stage to allow Promutuel to communicate directly with that third party.

Ruling and overall outcome

The court partially granted Promutuel's application. It ordered plaintiff Véronique Dufour to provide specified documents and clarifications, including: the date she contacted Qualinet; a copy of the contract with Qualinet; the cause of the water damage in the kitchen and rear bedroom; detailed work estimates for those rooms including their dimensions; a detailed estimate of works carried out in the living room and its dimensions; a breakdown and supporting invoices for total work costs of $31,231.08; the total indemnity paid by the insurer or insurers for those works; a breakdown of a partial payment of $16,000; and supporting proof of that payment. The court further permitted Promutuel to access all estimates, quotes, invoices, plans, and reports from contractors and assessors, as well as all proof of indemnity payments to Dufour contained in file no. 39733010-03. The application regarding the third-party order against 9049-6530 Québec Inc. (Le Poseur) was declined. The interim judgment was rendered without costs, and no monetary award was granted or ordered at this stage.