Insurers of the city of Saguenay want to impose their lawyer Christine Boivin adviser in pursuit of $ 425,000 brought against it by camping Jonquiere and its CEO Richard Brabant.
In its application filed recently conservatory voluntary intervention, the company Lloyd’s claims the right to choose counsel of the defendant, to control the facts alleged liability generators, damage and the evidence that will be administered. A right that would be included in the cover “B” of the policy of the city. This coverage, we learn in the petition, a deductible of $ 750,000 per claim and exemplary and punitive damages are unhedged. This is far from the $ 42,500 claimed in the litigation.
This application is unsurprisingly opposed by the counselor, but also by the city of Saguenay has an obligation to defend its chosen. “We believe that the prosecutor’s choice of privilege falls within the insured and the insurer’s obligation to reimburse the costs associated to it,” wrote one of Saguenay prosecutors in a letter sent to the insurer .
The argument of the city was rejected by Lloyd’s representatives who believe that the “city has no contractual or statutory seat,” it said in the petition.
Councillor has already settled on Mr. Vincent Gingras, a specialist in cases of defamation. The lawyer of Quebec is also known for representing the host Sophie Chiasson in the trial opposing Jeff Fillion in the 2000s.
In its legal argument filed last Friday, Mr. Gingras said that the Canadian and Quebec charters and the Cities and Towns Act recognize the fundamental right to free choice of counsel.
The lawyer also believes that the interest of the insurer is insufficient, because the amount of the claim ($ 425,000) “can in no way be greater than the amount of the deductible payable by the City ($ 750,000) under Clause B of the Police “, writes Mr. Gingras, in its response to the request for precautionary voluntary intervention.
Lloyd’s attorneys will now have to convince a judge of the superior court before imposing a lawyer from the firm Robinson Sheppard Shapiro in Councillor Lac-Kénogami sector.
Mr. Gingras and his client, Christine Boivin, refusing to give interviews, and during all court proceedings.
In pursuit of $ 425,000, Richard Brabant claimed $ 150,000 for injury to his reputation, $ 75,000 for moral damage, psychological, loss of enjoyment of life, stress, anxiety and humiliation and $ 50,000 in damages copies. Camping Jonquière inc. demand $ 100,000 for damage to reputation and $ 50,000 in punitive damages.
Both complainants allege that Ms. Boivin of having made defamatory their ways before and after his election in 2013. In the lawsuit filed last January, Mr. Brabant claims that the counselor would particularly said, “you will not believe in that, I’ll get dirty by any means possible “on election night. Another witness unearthed by the prosecution, Ms. Boivin have held several public about the “sole purpose of destroying their reputation.” “Every time it was at the Bistro wasted time, she was engaged in a systematic and virulent attack rule against the plaintiffs,” it said in the document of the prosecution.
As for the legal fees of the plaintiffs, Richard Brabant would pay his own bills. Camping Jonquière dip into its income to cover costs.