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Ontario Superior Court Certifies National Class Action Against Aviva Insurance Company of Canada for COVID-19 Related Business Interruption Insurance

·2-min read

Thomson Rogers was successful in certifying a national business interruption class action against Aviva relating to COVID-19 with Co-Counsel Lax O'Sullivan Lisus Gottlieb and Miller Thomson.

Toronto, ON, Sept. 20, 2021 (GLOBE NEWSWIRE) -- On September 10, 2021, the Ontario Superior Court of Justice certified a $300 million Canada-wide class action against Aviva Insurance Company of Canada ("Aviva") on behalf of policyholders who suffered business interruption losses as a result of COVID-19.

Each of the representative plaintiffs Nordik Windows Inc. and Nordik Cash and Carry Inc. (an Ottawa-based custom residential window manufacturing, retailing, and installation business), Real Food for Real Kids Inc. (a catering company that supplies healthy meals to children in daycares and summer camps across the Greater Toronto Area), and Hangar9 Studios Inc. (a GTA clothing retailer) suffered substantial business losses because of COVID-19.

Aviva’s policies provide specific coverage for business losses resulting from the “outbreak of a contagious or infectious disease with 25 km” of policyholders’ premises, and when orders of civil authorities resulting from such outbreaks restricted access to those premises. Aviva denied coverage to policyholders on the basis that the policies “do not provide cover for global pandemics.”

There are approximately 28,000 small and large businesses across Canada that purchased the relevant Aviva policy. The plaintiffs allege that many of these businesses were dissuaded from even making claims by reason of Aviva’s blanket denial of coverage. Aviva now takes the position that those businesses who did not submit claims should not be allowed to make claims. As a result, the law firms representing the class, Thomson Rogers, Lax O'Sullivan Lisus Gottlieb LLP, and Miller Thomson LLP, are encouraging all Aviva policyholders who suffered business interruption losses due to COVID-19 to submit insurance claims to Aviva as soon as possible if they have not already done so.

“We are pleased the court has allowed the claims to move forward,” says Nordik Windows’ CEO Philippe Bechard. “COVID-19 has hit a lot of businesses pretty hard. It seems Aviva wants to fight us at every step. All we want is for Aviva to honour its insurance policy.”

With the class action certified, the case will now proceed to a determination on the merits by the Ontario Superior Court of Justice.

For more information please contact:

Robert Ben (Thomson Rogers) - rben@thomsonrogers.com or (416) 868-3168
Stephen Birman (Thomson Rogers) - sbirman@thomsonrogers.com or (416) 868-3137
Crawaford Smith (Lax O'Sullivan Lisus Gottlieb) - csmith@lolg.ca or (416) 598-8648
Matthew Law (Lax O'Sullivan Lisus Gottlieb) - mlaw@lolg.ca or (416) 849-9050
Chris Blom (Miller Thomson) - cblom@millerthomson.com or (416) 595-8614

CONTACT: Robert Ben Thomson Rogers 416-868-3168 rben@thomsonrogers.com Stephen Birman Thomson Rogers 416-868-3137 sbirman@thomsonrogers.com Ruth Fernandes Thomson Rogers 416-868-3190 rfernandes@thomsonrogers.com


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