Robert McEwen

In an appeal of a Renewable Energy Approval for a wind facility, the appellants brought several procedural motions.

The Tribunal dismissed a motion for further disclosure but granted summonses for two Ministry of Natural Resources and Forestry employees to testify regarding species at risk.

The Tribunal dismissed a motion to adjourn the hearing, finding it unnecessary to secure a fair determination.

The Tribunal ruled on multiple motions to exclude reply witness statements, admitting those that properly responded to new evidence and excluding those that merely bolstered previous evidence or introduced new issues.

Finally, the Tribunal dismissed a motion for recusal, finding no reasonable apprehension of bias based on the Members' prior statements or their conduct during the hearing.

The plaintiffs' home and personal property were damaged by a fire.

They sued their insurer and the restoration contractor for incomplete and deficient repairs, unpaid additional living expenses, and damaged or destroyed personal property.

The insurer alleged the plaintiffs committed fraud in their proofs of loss.

The court found no fraud, holding that the insurer breached its duty of good faith by raising the fraud allegation as a high-handed litigation strategy.

The court awarded the plaintiffs damages for the deficient home repairs, additional living expenses, and lost personal property, along with $100,000 in punitive damages against the insurer.