The plaintiffs' rural home and Quonset hut near Thunder Bay collapsed in 2022.
The insurance claim filed was for $737,671.43 for each structure.
Some parts of the claim have been settled; the dispute remains over replacement costs.
Statutory Framework:
The plaintiffs invoked the appraisal process under the Insurance Act, RSO 1990, c. I.8.
Section 128 of the Act outlines the procedure, involving each party appointing an appraiser and jointly selecting an umpire if they cannot agree within fifteen days.
Appraisal Process:
Plaintiffs appointed Dylan Cox as their appraiser.
Defendant appointed F. Castaldo.
Disagreement on the umpire led to court intervention.
Nominees for Umpire:
Plaintiffs' Nominees: Glenn Gibson (Hamilton) and D. Kevin Carroll (Barrie).
Defendant's Nominees: Louie Pedron and Wayne Picard (both from Thunder Bay).
Plaintiffs argued their nominees had broader experience, having worked for both insureds and insurers, reducing potential bias.
Defendant argued for local nominees familiar with local suppliers and logistical issues.
Court’s Analysis:
Impartiality and Experience: Court emphasized the importance of impartiality and breadth of experience over local familiarity.
Plaintiffs’ Nominees: Glenn Gibson (over 350 umpire cases) and D. Kevin Carroll (experienced umpire and arbitrator).
Defendant’s Nominees: Limited umpire experience and primarily worked for insurers, raising concerns about bias.
Decision:
Glenn Gibson appointed as umpire due to his extensive experience and perceived impartiality.
Plaintiffs awarded costs of $6,000 plus disbursements of $2,863.42, payable within 30 days.
