2 total
Insurance appraisal process permanently terminated due to severe procedural dysfunction and bickering among participants.
The insurer brought an application to regularize a dysfunctional insurance appraisal process following a fire at a condominium construction project.
The insured brought a cross-application to terminate the appraisal process.
The court found that the appraisal process had become a 'procedural shipwreck' due to the joint and several fault of the umpire, the appraisers, and the lawyers for both parties.
The court dismissed the insurer's application and granted the insured's cross-application, permanently terminating the appraisal process and leaving the valuation of the loss to be determined in the concurrent court action.
The court upheld the Senate's parliamentary privilege over an internal audit report on expense claims.
The applicant, Senator Michael Dennis Duffy, sought an order requiring the Clerk of the Senate to produce an internal audit report prepared by Jill Anne Joseph regarding Senate expense policies and Senator Duffy's expense claims.
The Senate claimed parliamentary privilege over the document.
The court upheld the Senate's claim of privilege, finding that the internal audit report, prepared by a Senate employee and presented to a Senate subcommittee in camera, fell within recognized categories of parliamentary privilege including freedom of speech, exclusive cognizance over parliamentary proceedings, control over internal affairs, and disciplinary authority over members.
The court rejected arguments that the privilege had been waived and distinguished the case from R. v. Chaytor, which addressed expense claims themselves rather than internal audit reports.
