Graham William Sanson

The decision addresses a motion by the defendants to discharge a Certificate of Pending Litigation (CPL) registered by the plaintiff, Michael Vojvodic, on property owned by the defendants.

The court considers the relevant statutory and discretionary factors, including the uniqueness of the property, the existence of alternative claims for damages, the presence of a willing purchaser, and the relative harm to the parties.

The court finds that damages would be a satisfactory remedy, the property is not unique, and the harm to the defendants outweighs the harm to the plaintiff if the CPL is discharged.

The CPL is ordered discharged, vacant possession is to be provided by the plaintiff, and sale proceeds are to be held in trust pending further order.

The plaintiffs brought a motion to the Superior Court of Justice for the appointment of an umpire to resolve a dispute with Intact Insurance Company regarding the cost of replacing their collapsed rural home and Quonset hut.

The appraisers appointed by each party could not agree on a joint umpire.

The court considered the criteria for umpire selection under the Insurance Act, emphasizing impartiality and breadth of experience over local residence or travel costs.

The court appointed the plaintiffs' nominee, Glenn Gibson, due to his extensive experience as an umpire for both insureds and insurers, and awarded costs to the plaintiffs.