Starr Insurance v. Granfar
Noushin Granfar
Law Firm / Organization
Self Represented
Starr Insurance
Law Firm / Organization
Owen Bird Law Corporation
Allianz Canada
Law Firm / Organization
Owen Bird Law Corporation
RSA Insurance
Law Firm / Organization
Owen Bird Law Corporation
AIG Insurance
Law Firm / Organization
Owen Bird Law Corporation
Lockton Companies
Law Firm / Organization
Owen Bird Law Corporation
Westport Insurance
Law Firm / Organization
Owen Bird Law Corporation

Background: The case involved water damage to Noushin Granfar’s strata unit in May-June 2019. The petitioners were insurance companies: Starr Insurance, Allianz Canada, RSA Insurance, AIG Insurance, Lockton Companies, and Westport Insurance. The dispute centered on whether a representative should be appointed for Granfar under the Insurance Act.

The Insurance Act, R.S.B.C. 2012, c. 1, mandated a dispute resolution process (DRP) involving representatives from both parties. If one party failed to appoint a representative, the other could apply to the court for the appointment.

Legal Arguments/Issues: Granfar argued that the DRP was inappropriate because she had initiated a claim with the Civil Resolution Tribunal (CRT) and believed that the Supreme Court Civil Rules required commencing an action, not a petition. She also claimed she had only provided partial proof of loss and that the DRP was inefficient due to other parties' involvement, such as the Strata.

The petitioners contended that Granfar had not provided the necessary contact information for her representative and requested the court to appoint one as required by the Act.

Held: Justice Iyer ruled that the DRP must proceed and directed Granfar to provide her representative's contact information within five days. The court did not award special costs, noting that each party should bear their own costs due to confusion from the petitioners' inadequate evidence.

Costs and Awards: No specific monetary award or costs were granted in favor of either party; each party bore their own costs.

Supreme Court of British Columbia
S222152
Insurance law
Petitioner