Laya Witty

The applicants sought judicial review of an umpire's appraisal award under s. 128 of the Insurance Act following a house fire.

They alleged procedural fairness violations, bias, and unreasonableness, citing the aggressive conduct of the insurer's appraiser and the umpire's independent site visit.

The Divisional Court dismissed the application, finding that despite the insurer's appraiser's poor behavior, the applicants had a full opportunity to present their case.

The court held the umpire's process was fair, unbiased, and the resulting valuation was reasonable and intelligible.

The Public Guardian and Trustee, acting as litigation guardian for an incapable person, brought a summary judgment motion against the incapable person's former attorney for property.

The attorney had transferred the incapable person's unencumbered residential property to himself in trust for his daughter for no consideration, subsequently sold it, and misappropriated funds from her bank accounts.

The court found the attorney breached his fiduciary duties and ordered him to pay damages of $2,550,000 for the property sale and $150,015 for the misappropriated funds, plus full indemnity costs.