Ms. Assuras

The parties sought the court's assistance to settle the form and content of an order stemming from previous decisions (2021 ONSC 6850 and 2022 ONSC 411).

The court clarified the operative parts of the order, directing the appointment of an appraiser for the plaintiffs, the plaintiffs' participation in the appraisal, and the plaintiffs' payment of $2,500.00 in costs to Aviva Insurance Company.

The court emphasized its role in ensuring the formal order accurately reflects the original decision, not re-litigating issues.

Following a successful motion by the defendant insurer to appoint an appraiser under the Insurance Act, the parties could not agree on costs.

The insurer sought $4,916.25 on a partial indemnity basis, while the plaintiffs argued costs should be reserved to the trial judge or fixed at $900.

The court declined to reserve costs and fixed the costs payable to the insurer at $2,500, noting the motion was simple and efficiently argued.

The defendant insurer brought a motion for an order appointing an appraiser pursuant to section 128(5) of the Insurance Act and compelling the plaintiff insureds to participate in the appraisal pursuant to Statutory Condition 11 of the policy.

The plaintiffs opposed the motion, arguing the appraisal process would not be cost-effective and would not resolve the broader issues in the action.

The court granted the motion, finding that the wording of Statutory Condition 11 is mandatory and requires an appraisal whenever there is a disagreement as to the value of the property insured or the amount of the loss, regardless of the extent of the disagreement or the existence of other issues.