Case information
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35683
Veena Malhotra v. State Farm Fire and Casualty Company
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2015-02-02 | Close file on Leave | |
| 2015-01-30 | Certificate of taxation issued to, Terry J. Tustin | |
| 2015-01-30 | Decision on the bill of costs, in the amount of $1,818.88, DeRg | |
| 2015-01-30 | Submission of the bill of costs, DeRg | |
| 2014-07-30 | Bill of costs, (filing fee missing) (Filing fee received August 19, 2014) (missing invoices received on January 7, 2015), Completed on: 2014-08-19 | State Farm Fire and Casualty Company |
| 2014-03-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-03-28 | Judgment on leave sent to the parties | |
| 2014-03-27 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Numbers C54793 and C56509, 2013 ONCA 326, dated May 13, 2013, is dismissed with costs. Dismissed, with costs |
|
| 2014-03-27 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2014-02-24 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2014-02-24 | Submission of motion to extend time to file and/ or serve the leave application, LeB Ka Wa | |
| 2014-02-11 | Correspondence received from, Respondent re: reasons | State Farm Fire and Casualty Company |
| 2014-02-10 | Book of authorities, (Book Form) | State Farm Fire and Casualty Company |
| 2014-02-10 | Court of Appeal casebooks and transcripts of evidence, (Book Form), 2 volumes | |
| 2014-02-10 | Notice of name | State Farm Fire and Casualty Company |
| 2014-02-10 | Certificate (on limitations to public access) | State Farm Fire and Casualty Company |
| 2014-02-10 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2014-02-10 | State Farm Fire and Casualty Company |
| 2014-02-10 | Correspondence received from, Applicant re: no reasons | Veena Malhotra |
| 2014-01-14 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-12-23 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Completed on: 2013-12-23 | Veena Malhotra |
| 2013-09-25 | Correspondence (sent by the Court) to, Applicant re: checklist | |
| 2013-08-27 | Correspondence (sent by the Court) to, Applicant re: reciept of application | |
| 2013-08-22 | Application for leave to appeal, (Book Form), Completed on: 2014-02-10 | Veena Malhotra |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Malhotra, Veena | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| State Farm Fire and Casualty Company | Respondent | Active |
Counsel
Party: Malhotra, Veena
This party is not represented by counsel.
Party: State Farm Fire and Casualty Company
Counsel
4 Hughson Street South
7th Floor
Hamilton, Ontario
L8N 3Z1
Telephone: (905) 529-1939
FAX: (905) 527-3497
Email: ttustin@ppdlawyers.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Legislation - Interpretation - Insurance - Property insurance - Appraisal - Appointment of umpire - Appeals from decisions of judges of the Ontario Superior Court of Justice appointing an umpire under s. 128(5) of the Insurance Act, R.S.O. 1990, c. I.8 - Whether an insured is entitled to have a separate umpire appointed for each of her five insured properties? - Whether appraisers required to determine matters in disagreement prior to submitting their differences to an umpire?
This application for leave to appeal concerns two orders appointing an umpire under s. 128 of the Ontario Insurance Act to resolve a dispute between the parties regarding five properties owned by the applicant, Ms. Malhotra, and insured by the respondent, State Farm Fire and Casualty Company.
The Court of Appeal dismissed Ms. Malhotra’s appeal of these two decisions. In its view, the power to appoint an umpire under s. 128 of the Insurance Act is discretionary, and nothing in s. 128 prohibits a judge from appointing a single umpire to deal with multiple properties. In the Court of Appeal’s view, Ms. Malhotra had not identified on appeal an error that would justify interfering with the judges’ exercise of their discretion.
Lower court rulings
Ontario Superior Court of Justice
11-30743
Motion to appoint new umpire granted; G.T. Gibson appointed as sole umpire for the properties
Court of Appeal for Ontario
C54793, C56509, 2013 ONCA 326
Appeals dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available