Case information
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41426
Intact Insurance Company v. John Laporte o/a Warrior Gear
(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) |
|---|---|---|
| 2025-03-07 | Close file on Leave | |
| 2025-03-07 | Judgment on leave sent to the parties | |
| 2025-03-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-03-06 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-23-CV-1037, 2024 ONCA 454, dated June 10, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2025-01-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-10-21 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2024-10-22, (Printed version due on 2024-10-28) | Intact Insurance Company |
| 2024-10-10 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2024-10-10) | John Laporte o/a Warrior Gear |
| 2024-10-10 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-10-11, (Printed version filed on 2024-10-10) | John Laporte o/a Warrior Gear |
| 2024-09-10 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2024-09-09 | Notice of name, (Letter Form), (Printed version filed on 2024-09-18) | Intact Insurance Company |
| 2024-09-09 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-09-18) | Intact Insurance Company |
| 2024-09-09 | Application for leave to appeal, (Book Form), Completed on: 2024-09-09, (Printed version filed on 2024-09-12) | Intact Insurance Company |
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 |
|---|---|---|
| Intact Insurance Company | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| John Laporte o/a Warrior Gear | Respondent | Active |
Counsel
Party: Intact Insurance Company
Counsel
Alex R. Sharpe
Jacob R.W. Damstra
88 Dufferin Avenue
P.O. Box 2335
London, Ontario
N6A 1K4
Telephone: (514) 640-6337
FAX: (514) 932-3337
Email: abedard@lerners.ca
Party: John Laporte o/a Warrior Gear
Counsel
Kevin Caron
Joseph Rucci
400 - 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 780-2013
FAX: (613) 688-0271
Email: nrodriguez@conwaylitigation.ca
Summary
Keywords
Administrative law – Judicial review – Standard of review – Insurance – Property insurance – Indemnity principle – Whether Court of Appeal erred in selecting standard of review for decision of appraisal umpire – Whether decision of appraisal umpire violated indemnity principle – Insurance Act, R.S.O. 1990, c. I.8, s. 128
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.
The respondent operates a business on property in Eastern Ontario (the “Property”). He maintained an insurance policy (the “Policy”) on the Property, and made a claim when the Property was damaged by fire in 2018. Pursuant to the terms of the Policy, the respondent elected to receive the actual cash value (“ACV”) of the damaged property rather than the full replacement cost. The parties could not agree on the ACV and triggered the appraisal process under Ontario’s Insurance Act. The applicant’s appraiser argued that the ACV was the market value of the Property, and the respondent’s appraiser argued that the ACV was $2,093,046, being the replacement cost less depreciation. The Umpire suggested a value of $886,000, but the parties did not agree. The Umpire directed the appraisers to submit a final valuation and indicated he would choose one of them. The applicant submitted a value of $390,000, and the respondent a value of $1,084,000. The Umpire selected the respondent’s value. The applicant sought judicial review.
The majority of the Divisional Court allowed the application, holding that there was insufficient evidence to support an ACV so far in excess of the damaged property’s market value. The Umpire’s decision thus violated the indemnity principle and was therefore unreasonable. Leiper J., dissenting, held that the majority’s emphasis on market value was inconsistent with the Policy and the indemnity principle, and that the majority failed to accord sufficient deference to the appraisal process.
The Court of Appeal allowed an appeal, substantially for the reasons of Leiper J.
Lower court rulings
Application for judicial review granted with costs, assessment of value quashed.
Appeal allowed with costs, decision of Divisional Court set aside.
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
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