Ice Pork Genetics Inc. v. Lombard Canada Ltd. et al., (2010) 252 Man.R.(2d) 82 (QB)

• Judge: Menzies, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: April 01, 2010
• Jurisdiction: Manitoba
• Citations: (2010), 252 Man.R.(2d) 82 (QB);2010 MBQB 77

Ice Pork Genetics v. Lombard Can. (2010), 252 Man.R.(2d) 82 (QB)

MLB headnote and full text

Temp. Cite: [2010] Man.R.(2d) TBEd. AP.012

Ice Pork Genetics Inc. (plaintiff) v. Lombard Canada Ltd., ING Insurance Company of Canada, Lombard Insurance Company of Canada, Insurance Company of Canada, Red River Valley Mutual Insurance Company and The Boiler Inspection and Insurance Company of Canada (defendants)

(CI 08-01-57114; 2010 MBQB 77)

Indexed As: Ice Pork Genetics Inc. v. Lombard Canada Ltd. et al.

Manitoba Court of Queen's Bench

Winnipeg Centre

Menzies, J.

April 1, 2010.

Summary:

The plaintiff had a fire insurance policy with the defendants. A dispute arose as to the value of a barn which was destroyed by fire. The parties agreed to value the barn pursuant to the provisions of s. 121 of the Insurance Act. Each party nominated a "disinterested appraiser" as required under the Act. The defendants objected to the individual nominated by the plaintiff on the grounds that he was neither disinterested nor an appraiser.

The Manitoba Court of Queen's Bench held that it would not disqualify the plaintiff's nominee.

Insurance - Topic 3424

Payment of insurance proceeds - Appraisal or arbitration - Appointment of appraiser - The plaintiff had a fire insurance policy with the defendants - A dispute arose as to the value of a barn destroyed by fire - The parties agreed to value the barn pursuant to the provisions of s. 121 of the Insurance Act - Each party nominated a "disinterested appraiser" as required under the Act - The defendants objected to the individual nominated by the plaintiff on the grounds that he was neither disinterested nor an appraiser - The defendants alleged that the fee payable to the plaintiff's nominee would be based on the amount realized through the process under s. 121 - Further, as a public adjuster, the plaintiff's nominee would act as an advocate and not a disinterested party - The defendants also argued that the plaintiff's nominee should be a professional appraiser bound by the Uniform Standards of Professional Appraisal Practice established by the Appraisal Foundation and its Appraisal Standards Board - The Manitoba Court of Queen's Bench declined to disqualify the plaintiff's nominee - The defendants failed to prove on a balance of probabilities that the plaintiff's nominee was not disinterested - Further, a person need not be a member of a professional association in order to be named as an appraiser under the Act - The court was satisfied that the plaintiff's nominee had extensive experience valuing property for the purposes of determining the value of an insured's loss.

Insurance - Topic 5856

Fire insurance - The loss - Appraisal of - [See Insurance - Topic 3424 ].

Words and Phrases

Disinterested appraiser - The Manitoba Court of Queen's Bench considered the meaning of the phrase "disinterested appraiser" in s. 121 of the Insurance Act, R.S.M. 1987, c. I-40; C.C.S.M., c. I-40 - See paragraphs 2 to 20.

Cases Noticed:

Chateau Insurance Co. et al. v. Rocca, [1986] I.L.R. 1-2008; 53 O.R.(2d) 316 (H.C.), refd to. [para. 9].

Statutes Noticed:

Insurance Act, R.S.M. 1987, c. I-40; C.C.S.M., c. I-40, sect. 121 [para. 3].

Counsel:

H. Pollock, Q.C., and W. Forbes, for the plaintiff;

M. Finlayson, for the defendants.

This matter was heard before Menzies, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following decision on April 1, 2010.