Background:

• Interprint Systems Limited, operating a retail print shop, suffered losses due to a fuel oil leak in its building.
• Interprint had an all-risks, multi-peril insurance policy with Co-operators General Insurance Company, covering various perils including property damage, business interruption, and extraordinary expenses.
• Disagreement arose between Interprint and Co-operators over the valuation of losses. Co-operators sought to initiate an appraisal process under section 9 of the Insurance Contracts Act, which Interprint refused to participate in.

Key Issues:

1. Whether the appraisal process was statutorily or contractually available to Co-operators.
2. Whether the court should compel Interprint to participate in the appraisal process.

Court's Findings:

• The court found that Interprint was neither statutorily nor contractually obligated to participate in the appraisal process.
• The policy did not explicitly mandate an appraisal process, and the statutory provision cited by Co-operators did not apply to multi-peril insurance policies like the one in question.
• The court dismissed Co-operators' application to compel Interprint to participate in the appraisal process.

Conclusion:

• Co-operators' application was dismissed.
• Costs related to the application were ordered to be costs in the cause (i.e., to be determined at the end of the trial).