Ontario Court of Appeal confirms COVID-19 orders do not trigger coverage under all risks policy

In SIR Corp et al v Aviva Insurance Company of Canada, 2023 ONCA 778, the Ontario Court of Appeal affirmed that restaurants’ loss of food and beer inventories as a result of government mandated COVID-19 lockdowns were not losses covered by the insureds’ business interruption policies . 

The Court of Appeal dismissed the insureds’ appeal of the Ontario Superior Court decision denying coverage.

This decision is the first appellate decision in Canada considering business interruption damages arising from the COVID-19 pandemic.

Read more here.