When an Umpire renders a decision under s. 519 of the Insurance Act, RSA 2000, c I-3, his or her decision is subject to judicial review by a Justice of the Court of Queen’s Bench. The grounds for judicial review for such decisions include the following:
- the Umpire declined, exceeded, or otherwise failed to properly exercise jurisdiction
- under the Act;
- the decision was incorrect or unreasonable;
- there were errors in law in coming to the conclusion that the Umpire reached;
- the provisions in the Act were incorrectly or unreasonably interpreted and applied;
- there was reasonable apprehension of bias on the part of the Umpire made; and/or
- there was a breach of natural justice or procedural fairness.
Either the insured or the insurer can judicially review a decision of an Umpire.