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ARTICLE · 01 APRIL 2014

This Week At The SCC (28/03/14)

McCarthy Tétrault
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The Supreme Court of Canada denied leave to appeal from two cases of interest to Canadian businesses, particularly insurers.

CanadaLitigation, Mediation & Arbitration
Kirsten Thompson
Kirsten Thompson
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The Supreme Court of Canada denied leave to appeal from two cases of interest to Canadian businesses, particularly insurers.

The application for leave to appeal in Malhotra v. State Farm Fire and Casualty Company, 2013 ONCA 326 concerns two orders appointing an umpire under s. 128 of the Ontario Insurance Act. The dispute was in respect to five properties owned by the applicant, Ms. Malhotra, and insured by the respondent.

The applicant maintained that each property required a separate umpire be appointed but the Court of Appeal dismissed the appeal of the decisions appointing a single umpire for all five properties. In its view, the power to appoint an umpire under s. 128 of the Insurance Act is discretionary, and nothing in s. 128 prohibits a judge from appointing a single umpire to deal with multiple properties. The Supreme Court of Canada denied leave to appeal.

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