The Royal Canadian Legion v. Aviva
Posted June 23, 2020Updated April 8, 2024
Lerners LLP class action against Aviva Insurance
We have filed a class action against Aviva Insurance Company of Canada on behalf of Branches of The Royal Canadian Legion across Canada, and other veterans, service, and legacy organizations operating in a similar manner to Legion Branches (except in the province of British Columbia) whose insurance coverage for loss of business income relating to COVID-19 has been denied by Aviva.
This action applies to all Legions and other veterans, service, and legacy organizations operating in a similar manner to Legion Branches who were insured under the commercial insurance policy issued by Aviva on behalf of The Royal Canadian Legions, pursuant to the PIB Provincial Command Insurance Program. The action alleges that Aviva is in breach of contract when it denied the Legions’ loss of business income coverage after they were ordered by provincial and territorial governments to close their non-essential businesses due to the outbreak of COVID-19. The action claims for payment of loss of business income damages to those Legions with the Aviva policy.
Important Notice (April 2024)
Lerners has been advised that some class members may have received a Notice of Certification related to a separate class action commenced by Nordik Windows Inc. against Aviva Insurance Company of Canada (“Aviva”). The Notice was delivered to you in error by those parties. Please disregard it, as you are not class members in the Nordik action.
Attention Class Members
This action is certified. A copy of the Notice of Certification is accessible here. The opt-out period has closed. If you did not opt-out before November 14, 2021 at 5:00pm EST, and fall within the class definition, you are a class member. If you are a class member, please ensure that we have your current contact information and that you keep our offices informed of any changes in your contact information.
The class definition is: All persons, natural or corporate, carrying on operations as branches of The Royal Canadian Legion and other veterans, service, and legacy organizations operating in a similar manner to Legion Branches across Canada (except British Columbia) which were insured by and have submitted a claim to Aviva under a Commercial Insurance Policy issued by Aviva on behalf of The Royal Canadian Legion, pursuant to the PIB Provincial Command Insurance Program (“Legion Program”), which included “Restricted Access” coverage and/or “Negative Publicity” coverage under Business Income Actual Loss Sustained Form (912000-01), and which claimed loss of business income:
a) caused by the interruption of its business when ingress to or egress from its premises was restricted in whole or in part (“Restricted Access”) by the mandatory closure order made by the Province of Ontario on March 23, 2020, and similar closure orders made in all Provinces and Territories in Canada in March or April 2020 (the “Closure Orders”), and/or
b) caused by the interruption of its business when ingress to or egress from its premises was restricted in whole or in part by any subsequent order of civil authority, and/or
c) as a direct result of an outbreak of COVID-19 within 25 kilometres of its premises.
The Legion Action is preparing to proceed to the common issues phase of the litigation. The Plaintiff’s present intention is the make a Rule 20 motion for summary judgment as soon as reasonably possible and as directed by the Court. This summary judgment motion will determine common issues related to the coverage questions and interpretation of the Policy.
Please check back on this page for further updates.
If you have any questions on the current state of the proceeding please do not hesitate to contact us at the contact information below.
Legions and their management with an insurance policy issued by Aviva that were denied loss of business income coverage, please contact Kevin Ross at kross@lerners.ca or RoyalCanadianLegionClassAction@lerners.ca or 519.640.6315, or toll free at 1.844.847.1262.
Procedural History
This action has been proceeding with another similar action on behalf of Ontario denturists.
Carriage
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 in favour of Lerners LLP. 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.
Certification
Justice Belobaba has been appointed as the case management judge for this proposed class proceeding.
A separate proposed class action against Aviva has also been proceeding together with the Denturist/Legion Actions (the “Nordik Action”). The Nordik Action seeks to advance the claims of the Aviva insureds who are not part of the Denturist/Legion Actions.
The motion for certification of the proposed class action proceeded on May 18, 2021, and July 5-6, 2021. The action was certified as a class action in July 2021. A copy of the Order of Justice Belobaba certifying the class action can be viewed here. A copy of the Reasons of Justice Belobaba dated July 15, 2021 can be viewed here.
In a separate order, the court settled the means by which Notice of Certification shall be given (the “Notice Program”). A copy of the Order of Justice Belobaba settling the Notice Program can be viewed here.
The defendant sought leave to appeal the certification decision to the Divisional Court, which was specifically focused only on the supplemental Negative Publicity Coverage issues in the Legion Action. The defendant was also seeking leave to appeal the Nordik Action certification decisions in its entirety.
In an order date December 21, 2021, Belobaba J. set aside the Nordik Action certification decisions and directed a rehearing of the Nordik Action certification motion. That Order is a matter solely affecting the Nordik Action. A copy of the Order of Justice Belobaba dated December 21, 2021 setting aside the Nordik Action certification decisions and directing a rehearing of the Nordik Action certification motion can be viewed here.
The Plaintiffs’ in the Nordik Action sought leave to appeal Belobaba J.’s December 21, 2021 Order to the Divisional Court.
The Divisional Court determined it would hear both motions for leave to appeal sequentially, with the Nordik Action motion going first, followed then by the initial and earlier motion by Aviva for leave to appeal. Both motions for leave to appeal were heard in writing by the Divisional Court the week of March 7, 2022. On March 11, 2022, the Divisional Court dismissed Nordik’s motion for leave to appeal to set aside the order of Belobaba J. dated December 17, 2021. In dismissing Nordik’s motion, the Divisional Court also dismissed Aviva’s motion for leave to appeal, finding Aviva’s appeal was now moot. A copy of the Endorsement of the Divisional Court dated March 11, 2022 can be viewed here.
This website provides only general information about this class action. While it is not always current, it is updated from time to time as information becomes available.
This website is not designed to and does not provide legal advice or answer legal questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice for your individual situation. This website does not replace independent legal advice.
Providing information through this website does not make you a client of Lerners LLP or our co-counsel, does not create a solicitor-client, fiduciary or other form of relationship, and does not make you a member of the class. Whether or not you are a class member is determined by court order. Any information you provide will not be privileged, confidential or private. The information you provide may assist in prosecuting this matter as a class action and assessing damages for the class overall.
Documents:
- Statement of Claim
- Amended Statement of Claim
- Fresh as Amended Statement of Claim
- Frequently Asked Questions
- Reasons of Justice Belobaba awarding carriage to Lerners – January 26, 2021
- Order – January 19, 2021
- Reasons of Justice Belobaba certifying the action – July 15, 2021
- Order – July, 27, 2021
- Order – August 25, 2021
- Certification Frequently Asked Questions
- Notice and Opt Out Coupon (French)
- Order of Justice Belobaba dated December 21, 2021
- Endorsement of the Divisional Court dated March 11, 2022