Law360 Canada ( March 26, 2025, 2:51 PM EDT) -- Appeal by plaintiff from dismissal of her action that insurer acted in bad faith in its handling of her insurance claim. A fire occurred at the plaintiff’s residence, resulting in significant damage. The insurer insured the plaintiff under a homeowner’s policy, which provided coverage for repair/replacement costs or actual cash value (ACV), if the plaintiff repaired or replaced the damaged or destroyed building on the same location, with a building of the same occupancy constructed with materials of similar quality within a reasonable time after the damage. The insurer paid the ACV of $125,000 for the house and $95,807 for contents, as the plaintiff neither repaired nor replaced the house. An umpire assessed the damage, but the trial judge found the plaintiff was only entitled to recover the ACV of the property since she did not repair or replace the house on the same property within a reasonable period. The trial judge dismissed the bad faith claim, citing no overwhelming inadequacy in the insurer’s claims management. The issues were whether the trial judge erred in finding that the insurer did not act in bad faith and whether the trial judge had jurisdiction to address issues determined by the umpire under the Insurance Act....