Court of Appeal for Ontario

Citation: 2013 ONCA 326 Date: 20130516 Docket: C54793/C56509

Before: Simmons, Hoy and Strathy JJ.A.

Between:

Veena Malhotra Appellant

and

State Farm Fire and Casualty Company Respondent

Counsel: Veena Malhotra, acting in person Terry J. Tustin, for the respondent

Heard: May 13, 2013

On appeal from the judgment of Justice Harrison S. Arrell of the Superior Court of Justice dated November 29, 2011 and on appeal from the judgment of Justice Theresa Maddalena of the Superior Court of Justice dated August 6, 2009.

APPEAL BOOK ENDORSEMENT

[1] The two orders under appeal relate to the appointment of a single umpire under s. 128 of the Insurance Act in relation to five properties owned by the appellant.

[2] We see no basis on which to interfere with either order. The power to appoint an umpire, or umpires, under s. 128 is discretionary. Nothing in s. 128 prohibits the court from appointing a single umpire to deal with multiple properties.

[3] The appellants did not file affidavit evidence on either motion to challenge the umpires proposed by State Farm. On appeal, the appellant has not identified any form of error on the part of either motion judge that would justify interfering with their exercise of discretion.

[4] The appeals are therefore dismissed.

[5] The costs of both appeals are to the respondent in the total amount of $5,000.00 inclusive of disbursements and applicable taxes.