Leona Kung

The applicants brought a motion to oppose the confirmation of a Master's report regarding the amount owing under a boiler and machinery insurance policy issued by the respondent.

The applicants argued the Master erred in law by distinguishing between the valuation clauses in their property policies and the respondent's policy, and by accepting the respondent's valuation evidence which allegedly factored in depreciation improperly.

The Superior Court of Justice dismissed the motion, finding no error in the Master's conclusion that the respondent's policy required replacement with property of 'like kind, capacity, size and quality', which differed from the 'new for old' replacement cost coverage in the applicants' policies.

The moving parties (respondents in the main application) brought a motion to transfer an application from Brampton to Toronto.

The responding party opposed the motion and requested that a related application issued in Toronto be transferred to Brampton.

The court applied the factors under Rule 13.1.02 of the Rules of Civil Procedure and found that the related action and application were based on the same factual matrix and should be heard together to avoid duplicative proceedings.

The court dismissed the motion to transfer the Brampton application to Toronto and directed that a motion to transfer the Toronto application to Brampton be brought in the appropriate jurisdiction.