Judicial review of appraisal award dismissed; umpire had jurisdiction to determine repair versus replacement.
The applicants sought judicial review of an umpire's appraisal award regarding a fire loss at the respondent's property.
The dispute centered on whether an indoor pool could be repaired or required replacement.
The umpire determined repair was not a viable option and awarded replacement cost.
The Divisional Court dismissed the application, finding the umpire did not exceed his jurisdiction, as determining the amount of loss includes deciding between repair and replacement.
The court also rejected allegations of bias and procedural fairness, emphasizing the umpire's broad discretion to control the appraisal process.
TD Insurance Company v. Skrinjar, 2025 ONSC 266