Susan Dhaliwal

Following a decision on motions relating to an insurance appraisal process, both parties sought costs.

The court found that while success was somewhat divided, the defendant was the more successful party overall.

The court awarded partial indemnity costs of $6,547.04 to the defendant in the cause.

The defendant insurer brought a motion to appoint an appraiser on behalf of the plaintiff insureds under s. 128 of the Insurance Act following a residential fire.

The plaintiffs brought a responding motion seeking declarations that the appraisal proceed without regard to policy limits and include damages caused by the insurer's contractors.

The parties agreed on the scope of the appraisal but disagreed on whether the insurer had waived policy limits.

The court appointed the plaintiffs' chosen appraiser, noting its limited jurisdiction under s. 128(5), and ordered the appraisal to proceed without regard to policy limits but without prejudice to any rights or defences under the policy.