Context:
Dennis Lynch’s home was damaged in a fire in 2011. His insurer, Bay of Quinte Mutual Insurance Co. (BOQ), paid out for the dwelling but underpaid for the lost contents. The estate sued BOQ for additional compensation.

Trial Outcome:
The trial judge awarded Lynch’s estate $51,000 (the difference between what BOQ paid and the value of the lost contents). BOQ’s arguments that Lynch’s failure to submit a sworn proof of loss and the need for an appraisal barred the claim were rejected.

Appeal Arguments:
BOQ appealed, claiming:

1. The absence of a sworn proof of loss invalidated the claim.
2. The trial judge should have ordered an appraisal under s. 128 of the Insurance Act.
3. The assessment of the value of the lost property was incorrect.

Appeal Decision:
The Court of Appeal dismissed the appeal and upheld the trial decision.

Key Legal Points:

1. Proof of Loss Requirement:
   The court found that BOQ waived the need for strict compliance with the sworn proof of loss, as Lynch had provided sufficient information to assess the claim. Relief from forfeiture was also granted.

2. Appraisal Process:
   The court held that the trial judge had discretion to refuse an appraisal under s. 128 of the Insurance Act, concluding that an appraisal would have been unnecessary and costly, given the trial evidence.

3. Valuation of Lost Property:
   The court upheld the trial judge’s acceptance of the respondent's expert valuation, rejecting BOQ’s lower assessment as unreliable.

• Costs:
  BOQ was ordered to pay $20,340 in costs to the estate.