LOLG Certifies National Class Action Against Aviva
Overview
On March 22, 2023, the Ontario Superior Court certified a national class action against Aviva for business interruption coverage relating to COVID-19. Aviva’s policies contained specific provisions triggered by the “outbreak of a contagious or infectious disease”, but Aviva denied coverage for COVID-19 claims on the basis that its policies “do not provide cover for global pandemics”. A previous certification decision had been set aside in the fall of 2021 and the Plaintiffs were again successful on the re-hearing. The case will now proceed to a determination on the merits.
LOLG is counsel to the plaintiffs, together with Thomson Rogers and Miller Thomson. The certification decision can be found here: Nordik Windows v Aviva, 2023 ONSC 1804
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