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The Royal Canadian Legion v. Aviva

The Royal Canadian Legion v. Aviva

Updated March 8, 2021

Lerners LLP launches another proposed class action against Aviva Insurance

We have filed a proposed 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 proposed action claims for payment of loss of business income damages to those Legions 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 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.

Belobaba J. has been appointed as the case management judge for this proposed class proceeding. The certification motion will be the next step in the litigation where Justice Belobaba will decide whether the action will move forward. The motion for certification of the proposed class action with be heard on May 18 – 19, 2021.

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.

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