LOLG Successful in Certifying National
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Class Action Against Aviva
On September 10, 2021, 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”. 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 2021 ONSC 5807