TGP Decisions

Nadine Nasr successfully obtained a dismissal of the plaintiff’s application for judicial review.

The plaintiff’s underlying action arose from a fire that occurred at his property on March 30, 2012 (the “fire”). In the action, the plaintiff is seeking coverage from the defendant insurer, Desjardins General Insurance Group (formerly State Farm Fire and Casualty Company), for alleged losses suffered from the fire. On October 21, 2019, the appraisal hearing for the matter proceeded and the Umpire released the appraisal award.

The plaintiff disputed the Umpire’s award on several grounds. His position included claims that the Umpire had lacked jurisdiction, that there was a conflict of interest, and that the Umpire had not provided reasons behind the appraisal award.

The Divisional Court noted that the defendant had adequately addressed the numerous issues raised by the plaintiff. The court rejected the plaintiff’s arguments and dismissed his application for judicial review, awarding $25,000.00 in costs to the defendant.

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