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The Royal Canadian Legion v. Aviva

The Royal Canadian Legion v. Aviva

Updated  July 16, 2021

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.

Attention Class Members

This action is certified. Notice of Certification will be forthcoming.

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 Insurance Company of Canada (“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 parties are now preparing to provide Notice of Certification to all class members. A copy of the Notice of Certification will be accessible here shortly. Information about the opt-out procedure and the deadline to opt-out will be outlined in the Notice of Certification.

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 royalcandianlegionclassaction@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.

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 Reasons of Justice Belobaba dated July 15, 2021 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.

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