Executive Summary: Key Legal and Evidentiary Issues

• Danielle Brochu filed a claim for damages against veterinarian Benoît Dion, the Ordre des médecins vétérinaires du Québec, and Hôpital Vétérinaire Trois-Rivières inc. arising from a surgical procedure performed on her animal.
• Société d'Assurance Beneva inc. sought to intervene voluntarily on a conservatory basis, asserting it insures the civil liability of two of the defendants.
• Brochu opposed the intervention, arguing it would cause her moral prejudice and unnecessarily complicate the proceedings.
• At issue was whether Beneva had a sufficient legal interest to justify voluntary intervention under articles 547 and 184–187 of the Code of Civil Procedure.
• Established Quebec jurisprudence recognizes an insurer's right to intervene in Small Claims Court to defend its insured.
• The court found that Brochu's concerns about procedural complexity did not override Beneva's recognized legal interest in the litigation.

Facts of the case

On April 1, 2026, Danielle Brochu filed a claim for damages in the Small Claims Division of the Court of Québec against three defendants: veterinarian Benoît Dion, the Ordre des médecins vétérinaires du Québec (OMVQ), and Hôpital Vétérinaire Trois-Rivières inc. (Hôpital Vétérinaire). She alleged that the defendants caused her harm following a surgical procedure performed on her animal.

Policy terms and legislative provisions at issue

On April 29, 2026, Société d'Assurance Beneva inc. (Beneva) filed a voluntary intervention on a conservatory basis. Beneva asserted that it provides civil liability insurance to two of the defendants — veterinarian Benoît Dion and Hôpital Vétérinaire — and that this relationship gave it a direct interest in the proceedings. It invoked article 2503 of the Civil Code of Québec, which imposes on an insurer the obligation to defend its insureds. Brochu opposed the intervention, contending that Beneva's participation would cause her moral prejudice and risk complicating the file.

Court's reasoning and analysis

The court noted that the Small Claims Division operates under a simplified procedural regime, but that this regime nonetheless permits third-party intervention under articles 547 and 184 to 187 of the Code of Civil Procedure. A conservatory intervention — the type sought by Beneva — occurs when a third party wishes to substitute for, join, or assist one of the existing parties in support of that party's position. The court clarified that at the opposition stage, it does not rule on the merits of the intervention itself, but only on whether the intervening party has a sufficient legal interest. The opposition must identify reasons why that interest is lacking — something the court found Brochu failed to do. The court further noted that an insurer's right to intervene in Small Claims proceedings to defend its insured is a well-established principle in Quebec law, referencing Laurin c. Proulx, 2026 QCCQ 2097.

Ruling and outcome

The court ruled in favour of Société d'Assurance Beneva inc., finding that Brochu had not demonstrated valid grounds for opposition. Brochu's opposition was rejected, and Beneva was authorized to intervene in the proceedings. No monetary award, costs, or damages were ordered as part of this decision, which addressed the procedural intervention question only.