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


Toronto, ON, Sept. 20, 2021 (GLOBE NEWSWIRE) – On September 10, 2021, the Ontario Superior Court of Justice cleared a $ 300 million Canada-wide class action lawsuit against Aviva Insurance Company of Canada (“Aviva On behalf of policyholders who have suffered business interruption due to COVID-19.

Each of the representative applicants Nordik Windows Inc. and Nordik Cash and Carry Inc. (an Ottawa-based custom residential window manufacturing, retail and installation company), Real Food for Real Kids Inc. (a foodservice company) which provides healthy meals to children in daycares and summer camps in the Greater Toronto Area) and Hangar9 Studios Inc. (a clothing retailer in the GTA) suffered substantial business losses due to COVID-19.

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

There are approximately 28,000 small and large businesses across Canada that have purchased the relevant Aviva policy. The complainants allege that many of these companies have been dissuaded even from making claims due to Aviva’s blanket denial of coverage. Aviva now maintains that companies that have not submitted complaints should not be allowed to make complaints. Accordingly, the law firms representing the group, Thomson Rogers, Lax O’Sullivan Lisus Gottlieb LLP and Miller Thomson LLP, encourage all Aviva policyholders who have suffered operating losses due to COVID-19 to submit insurance claims to Aviva as soon as possible. as possible if they haven’t already.

“We are happy that the court has authorized the advancement of the claims,” ​​he added. says Philippe Bechard, CEO of Nordik Windows. “COVID-19 has hit many businesses hard. It seems Aviva wants to fight us every step of the way. All we want is Aviva to honor its insurance policy. “

With the class action certified, the case will now be judged on the merits by the Ontario Superior Court of Justice.

For more information please contact:

Robert Ben (Thomson Rogers) – [email protected] or (416) 868-3168
Stephen Birman (Thomson Rogers) – [email protected] or (416) 868-3137
Crawaford Smith (Lax O’Sullivan Lisus Gottlieb) – [email protected] or (416) 598-8648
Matthew Law (Lax O’Sullivan Lisus Gottlieb) – [email protected] or (416) 849-9050
Chris Blom (Miller Thomson) – [email protected] or (416) 595-8614

Robert Ben
Thomson Rogers
416-868-3168
[email protected]

Stephen Birman
Thomson Rogers
416-868-3137
[email protected]

Ruth Fernandes
Thomson Rogers
416-868-3190
[email protected]


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