SUPERIOR COURT OF JUSTICE - ONTARIO

Court File No.: 16297/09
Date: 2015-09-02

RE: Danielle Ouellette, Estate Trustee of the Estate of Francois Ouellette, Plaintiff

AND:

The North Waterloo Farmers Mutual Insurance Company, Defendant

BEFORE: The Honourable Mr. Justice John S. Poupore

COUNSEL:
Neil P. Wheeler, Counsel for the Plaintiff

Alan L. Rachlin, Agent for Michael C. Birnie, Counsel for the Defendant

HEARD: Motion in writing

ENDORSEMENT

[1] The facts are really not in dispute. There was no demand for an appraisal made by the defendant until more than six years after the loss occurred. The motion judge determined that period was too long.

[2] Further, the defendant is not correct in its argument that the appraisal provisions in the policy are mandatory. The case law is clear that the statutory conditions in s. 148 of the Insurance Act are not mandatory in multi-period policies.

[3] The decision not to appoint an appraiser was a discretionary one and there is no reason to doubt its correctness. Further, I am satisfied the decision to dismiss the application is consistent with prior decisions.

[4] Motion for leave is denied. Should counsel not agree on the costs they may forward argument on same to my office within 15 days of receiving this endorsement. Argument shall be restricted to three pages.

The Honourable Mr. Justice John S. Poupore

Date: September 2, 2015