This judgment addresses the costs awarded in relation to applications concerning the appointment of an umpire under the Insurance Act.
Wawanesa's application was dismissed due to the respondent's reasonable apprehension of bias caused by Wawanesa's conduct in the umpire selection process.
The respondent's cross-application for umpire selection was successful.
The court awarded the respondent full indemnity costs, finding Wawanesa's conduct "high-handed and oppressive," demonstrating bad faith and disregard for proper procedure.
Despite the respondent's separate application being deemed unnecessary, the court fixed the full indemnity costs at $35,000.00, inclusive of HST and disbursements.
