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Canadian Hotels Class Action: Roshan Holdings v. Aviva Insurance

Canadian Hotels Class Action: Roshan Holdings v. Aviva Insurance

Updated March 8, 2021

Lerners LLP launches proposed class action against Aviva Insurance on behalf of hotels across Canada

We have filed a proposed class action against Aviva Insurance Company of Canada on behalf of hotels in Canada whose insurance coverage for loss of business income relating to COVID-19 has been denied by Aviva. Several hotel chains are affected, including Best Western, Home 2 by Hilton and Hampton Inn.

This action applies to all hotels who were insured under the commercial insurance policy issued by Aviva pursuant to the Hotel Program.  The action alleges that Aviva is in breach of contract when it denied the hotels’ loss of business income coverage after the Federal and provincial governments declared states of emergency, restricting their business, due to the outbreak of COVID-19.  The proposed action claims for payment of loss of business income damages to those hotels with the Aviva policy.

On January 6 and 15, 2021, the court heard a motion to determine which law firm will have carriage over this matter. On January 21, 2021, the court ruled the action was stayed as a class proceeding. A copy of the Order of Justice Belobaba can be viewed here. A copy of the Reasons of Justice Belobaba  dated January 26, 2021 can be viewed here.

If you have any questions regarding these developments do not hesitate to contact us at the contact information below.

Hotels with an insurance policy issued by Aviva that were denied loss of business income coverage, should contact Anthony Bedard at abedard@lerners.ca or 519.640.6337, or toll free at 1.844.807.3921.

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