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AVIVA COVID-19 BUSINESS INTERRUPTION CLASS ACTION
Frequently Asked Questions (FAQs)
1. What is this Class Action about?
2. Who is a member of the Class?
3. Why did I receive a Notice of Certification?
4. How do I submit a claim for coverage under my insurance policy?
5. What does it mean for a case to be “Certified?”
6. When was this class action Certified?
7. I do not wish to participate in this case. What should I do?
9. How is Class Counsel paid in this case?
11. I have questions about this case. Who can I ask?
1. What is this Class Action about?
This class action is about whether business interruption insurance offered by Aviva Canada under a variety of different policies provides coverage for losses related to COVID-19. The core of the Class’ claim is that Aviva Canada improperly denied payment for losses suffered by policy holders during COVID-19.
The allegations made by the Class have not yet been proven in court.
To view the Notice of Certification and other important documents in this case, please visit the Documents section.
2. Who is a member of the Class?
The formal Class Definition approved by the Court is:
All persons, corporations, or other entities carrying on business in Canada who purchased any of the following business interruption insurance policies from the Defendant that was in force for some or all of the period from March 1, 2020 through August 31, 2021, whether Aviva Enterprise, Aviva Commercial, or any other policy: (collectively, the “Policies”)
3. Why did I receive a Notice of Certification?
The Notice of Certification sets out a summary of a class action against Aviva Insurance Company of Canada (“Aviva Canada”). If you or your business had business interruption insurance coverage from Aviva Canada at the relevant time, described above, your business may be entitled to participate in this class action.
Pursuant to the Order of the Ontario Superior Court of Justice, the Defendant provided to the Notice Administrator the names and last known contact mailing addresses for Aviva Enterprise and pre-Enterprise policyholders.
The Defendant also provided the names and last known contact mailing addresses of the insurance brokers offering the Defendant’s products as of March 2020.
4. How do I submit a claim for coverage under my insurance policy?
Each Class Member is encouraged to submit a claim for coverage under their policy. This is important because the timeline for submitting a claim is in dispute and it will also help the parties evaluate the number of potential claims. The Plaintiffs therefore strongly encourage all Class Members to submit claims as soon as possible.
The process is quick and easy and will take no more than five minutes to complete. Simply go to the Loss Claim Reporting Form and fill out the information requested in the form to submit notice of your claim.
5. What does it mean for a case to be “Certified?”
Certification is a preliminary step in a class action, where the court assesses various criteria before determining whether the proposed representative plaintiffs can advance the claims of all class members through a class action.
To view the Certification decision and Notice of Certification, please visit the Documents section.
6. When was this class action Certified?
On March 22, 2023, the Ontario Superior Court of Justice certified the action Nordik Windows Inc. v Aviva Insurance Company of Canada as a class proceeding and appointed Nordik Windows Inc., Cash and Carry Inc., Hangar9 Studios Inc., and Real Food for Real Kids Inc. as the representative Plaintiffs of the Class (the “Nordik class action”).
The Nordik class action alleges that Aviva Canada breached its insurance contracts with Class Members by adopting the institutional position that its business interruption policies do not provide coverage for losses caused by COVID-19 and by directly denying claims made by Class Members or discouraging claims to be made. The Nordik class action seeks over $500 million in damages on behalf of the Class.
7. I do not wish to participate in this case. What should I do?
Members of the Class who do not want to participate in the class action must formally “opt-out”. To opt-out you must complete and submit the Opt-Out Form or send by mail to the Notice Administrator, Epiq Class Action Services Canada Inc., a written, signed opt-out election indicating:
If submitting a Opt-Out Form, please send to the Notice Administrator using one of the following methods:
Aviva Canada Class Action
c/o Epiq Class Action Services Canada Inc.
P.O. Box 507 Stn B
Ottawa, ON K1P 5P6
No Class Member will be permitted to opt-out of the class action unless the election to opt out is received by the Notice Administrator on or before:
May 19, 2024 at 5:00 p.m. E.S.T.
A member of the Class who opts out will not be entitled to participate in the class action, will not be bound by any judgment in the class action, and will not be eligible for any recovery in the class action. A Class Member who opts out may be eligible to pursue a claim in a separate proceeding.
If you wish to pursue your own claim in a separate proceeding, you should consult with a lawyer immediately.
8. Who represents the Class?
Class Members are represented by Class Counsel:
Thomson Rogers
Suite 3100, 390 Bay Street
Toronto, ON M5H 1W2
Stephen Birman
Lucy G. Jackson
Email: sbirman@trlaw.com
Lax O’Sullivan Lisus Gottlieb LLP
Suite 2750, 145 King Street West
Toronto, ON M5H 1J8
Michael Currie
Email: mcurrie@lolg.ca
Miller Thomson LLP
Suite 5800, 40 King Street West
Toronto, ON M5H 3S1
Chris T. Blom
Email: cblom@millerthomson.com
9. How is Class Counsel paid in this case?
The representative Plaintiffs and Class Counsel entered into a retainer agreement providing for the payment of legal fees, disbursements and applicable taxes. As a member of the Class, you will not be required to pay any costs in the event that the class action is unsuccessful. The agreement provides that Class Counsel will not receive payment for their work unless and until the class action is successful, by way of judgment or settlement. In that case, Class Counsel will be paid out of any recovery in the class action. The Class Counsel fees, disbursements and applicable taxes must be approved by the Court.
If the class action is successful, it may be necessary for Class Members to have their claims individually determined. Class Counsel will assist Class Members with respect to determination of their individual claim amounts if requested by the Class Member. Class Members will have the opportunity to decide if you wish to proceed with their individual loss claim before it begins.
10. What happens now?
The allegations made by the Class have not yet been proven in Court. Now that the action has been Certified by the Court, Class Counsel will continue to litigate the matter on behalf of the Class.
Class Members who do not opt-out of the class action will be bound by the decisions made in the action, and the terms of any judgment or settlement – whether favourable or not – and will not be allowed to start their own action against Aviva Canada for the same claims.
11. I have questions about this case. Who can I ask?
Any questions regarding the class action should be directed to the Notice Administrator at info@AvivaClassAction.ca.
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