L. Grimaldi

The plaintiffs sued their insurer and its adjuster following a fire loss, seeking additional compensation beyond what was awarded in a statutory appraisal process.

The defendants moved for partial summary judgment to dismiss the claims related to the appraised building and valuable papers losses, and to strike the claims against the adjuster personally.

The Superior Court of Justice granted the motions, holding that an umpire's appraisal decision under the Insurance Act is final and binding absent judicial review, and that the adjuster could not be held personally liable as he acted entirely within the scope of his employment.

In a medical malpractice jury trial, the court determined whether long‑term disability (LTD) and Canada Pension Plan (CPP) disability benefits should be deducted from damages for past and future income loss.

The plaintiff suffered a stroke after being discharged from hospital and claimed permanent inability to work.

The court held that CPP disability benefits are not deductible from income loss awards.

However, applying the Supreme Court of Canada’s guidance in IBM Canada Limited v. Waterman, the court concluded that the plaintiff’s employer‑funded LTD benefits functioned as indemnity for wage loss and should be deducted from any jury award to avoid double recovery.

The jury was therefore instructed to deduct LTD payments from both past and future wage loss damages.