Matthew J. Sutton

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.

The defendants, Raphael David Junior Hassan and Carol Precious Hassan, brought a motion seeking an order for the plaintiff, Nicola Federico, to attend a further defence neurological examination and to vary a prior court order regarding timelines for defence medical assessments.

The plaintiff opposed, arguing the defendants had not met the test for a further assessment and were not compliant with the existing timeline.

The court granted the defendants' motion, finding a neurological assessment necessary for trial fairness given the plaintiff's ongoing neurological complaints and expert reports.

The court also extended the timeline for the assessment and the service of the responding neurological report, noting the plaintiffs' inconsistent stance on the original deadline.