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Top 10 Business Decisions
CO-WRITTEN BY AIDAN MACNAB, BERNISE CAROLINO
THE PROPOSED class action against
several large Canadian insurance companies
dealt with the novel issue of business inter-
ruption insurance coverage for losses resulting
from COVID-19-related business closures.
e class comprised all non-Quebec-based
businesses in Canada that purchased busi-
ness interruption insurance and claimed for
pandemic-related losses under the policies.
e certified questions that proceeded
to trial were whether the presence of the
virus or its variants caused physical loss or
damage to property within the meaning of
the relevant insurance agreements, whether
pandemic-related government orders caused
WORKMAN OPTOMETRY PROFESSIONAL
CORPORATION V. CERTAS HOME AND AUTO
INSURANCE COMPANY, 2023 ONSC 3356
physical loss or damage to property under the
insurance agreements, and, if there was cov-
erage, whether any exclusions in the policies
precluded it.
Last June, at the common issues trial, the
Ontario Superior Court of Justice ruled
that neither COVID-19's presence nor a
related government order could cause phys-
ical loss or damage to property under the
relevant insurance agreements. e ruling
confirmed that loss of use of property was
not the same as physical loss of property and
provided certainty to numerous business in-
terruption claims filed in Canada because of
the pandemic.
• Plaintiffs > Koskie Minsky LLP, Merchant
Law Group, Klein Lawyers LLP > Kirk Baert,
Vlad Calina, Aryan Ziaie, Nathalie Gondek,
Evatt Merchant, Christopher Simoes, Doug
Lennox
• Defendants > Blake, Cassels & Graydon
LLP, Branch MacMaster LLP, Davies Ward
Phillips & Vineberg LLP, Dutton Brock
LLP, Fasken Martineau DuMoulin LLP,
Lerners LLP, Osler, Hoskin & Harcourt
LLP, Stikeman Elliott LLP, Bennett Jones
LLP, Thomas Gold Pettingill LLP > Nicole
Henderson, Glenn Zakaib, Edona Vila,
Christopher Rhone, Ruby Egit, Avichay
Sharon, Jacqueline Palef, Kent Thomson,
Chantelle Cseh, Chenyang Li, Alisa Mc-
Master, Stephen Libin, Eric Adams, Sarah
Armstrong, David Rosenbaum, Jesse
Harper, Daanish Samadmoten, Kirk Boggs,
Jason Squire, Laura Fric, Mark Sheeley,
Clare Barrowman, Glenn Zacher, Lesley
Mercer, Cheryl Woodin, Gannon Beaulne,
Thomas Donnelly, Joyce Tam, Alexander
Pettingill
CLIENTS > FIRMS > LAWYERS
