ARTICLE · 23 DECEMBER 2020

Insurance Act Appraisals – A Court's Guide On Mechanics

Richards Buell Sutton LLP

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The Ontario Superior Court of Justice recently examined the interaction of various provisions in the Insurance Act, R.S.O. 1990.

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The Ontario Superior Court of Justice recently examined the interaction of various provisions in the Insurance Act, R.S.O. 1990, c.1.8 (the "Act") for the purpose of determining multiple issues before it that arose in the context of a statutory appraisal under the Act and a series of lawsuits commenced by insureds against their insurer for tornado damage done to their homes. In Campbell v. Desjardins, 2020 ONSC 6630 the court provides guidance to insurance professionals, lawyers, and adjusters on the various processes involved in an appraisal. Given the similarity of legislation concerning appraisal or dispute resolution processes across Canada, Campbell offers guidance to the entire nation.

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