{"settlement":{"id":"aviva-business-interruption-2026","slug":"aviva-business-interruption-2026","title":"Aviva Canada COVID-19 Business Interruption Insurance Class Action","category":"Insurance","status":"Claims not yet open","tags":{"industry":["Insurance"],"geographic":["Canada-wide"],"recoveryType":["Cash payment"],"documentation":["To be determined"],"eligibilityTrigger":["Held an account or contract"]},"classDefinition":"All persons, corporations, or other entities carrying on business in Canada who purchased an Aviva business interruption insurance policy (including Aviva Enterprise, Aviva Commercial, or any other policy containing Restricted Access or Negative Publicity coverage) that was in force for some or all of the period from March 1, 2020 through August 31, 2021. The class includes members of the Quebec L'Academie class action and the British Columbia Fritzworks proposed class, but excludes members of the certified classes in the Denturists (Matt McCallum) and Legion (Royal Canadian Legion Victory Branch #317) actions.","plainLanguageSummary":"If your business held an Aviva insurance policy with restricted access or negative publicity coverage in force between March 1, 2020 and August 31, 2021 and you submitted an insurance claim for COVID-19 business interruption losses before August 26, 2025, you may be eligible for a payment once the settlement is approved.","eligibilityCriteria":[],"recoveryRange":"Either a flat $15,000 payment under the simplified process or a calculated business income loss payment (subject to pro rata adjustment and policy limits)","filingInstructions":"","caseBackground":"Aviva Insurance Company of Canada sold business interruption insurance policies that included restricted access coverage and negative publicity coverage. When the COVID-19 pandemic hit in 2020 and many businesses suffered losses, Aviva determined that most COVID-19 related business income loss claims were not covered under those endorsements and denied them. Several businesses sued Aviva, arguing the losses should have been covered.\n\nThe parties have reached a proposed settlement in which Aviva agrees to pay an all-inclusive $150,000,000 to resolve the claims, without admitting liability. The settlement still needs court approval. A settlement approval hearing is scheduled for October 13, 2026, and if approved, eligible class members who submitted an insurance claim before August 26, 2025 will be notified about how to apply for compensation.","administratorName":"BDO Canada LLP","administratorContacts":[{"type":"phone","label":"","value":"1-888-333-6029"},{"type":"email","label":"","value":"avivaclassaction@bdo.ca"},{"type":"mail","label":"","value":"BDO Canada LLP, c/o Tony Montesano, 20 Wellington St E Suite 500, Toronto, ON, Canada, M5E 1C5"},{"type":"online","label":"","value":"https://www.avivacanadaclassaction.bdo.ca"}],"agentName":null,"agentContacts":[],"agentClaimFormHelp":false,"classCounselName":"Thomson Rogers LLP, Lax O'Sullivan Lisus Gottlieb LLP, Miller Thomson LLP","classCounselContacts":[{"type":"email","label":"(English-only support)","value":"avivaclassaction@lolg.ca"}],"classCounselFirms":[{"name":"Thomson Rogers LLP","region":"All provinces and territories across Canada","contacts":[]},{"name":"Lax O'Sullivan Lisus Gottlieb LLP","region":"All provinces and territories across Canada","contacts":[{"type":"email","label":"(English-only support)","value":"avivaclassaction@lolg.ca"}]},{"name":"Miller Thomson LLP","region":"All provinces and territories across Canada","contacts":[]}],"submissionMethods":[],"sourceDocuments":[{"url":"/uploads/fb678009b8c9d21227bca475-7-Notice-of-Settlement-Approval-Hearing---FINAL-English-dated-May-5-2026.pdf","title":"Notice to Class Members"},{"url":"/uploads/aa90784da535d1478ef01785-9-Distribution-Protocol---FINAL-English-subject-to-Court-approval.pdf","title":"Additional Settlement Document"},{"url":"/uploads/e1ddd99d9921c641adeba223-7-Notice-of-Settlement-Approval-Hearing---FINAL-French-dated-May-5-2026.pdf","title":"Avis aux membres du groupe"},{"url":"/uploads/42f2903c5eccb6c15bbe349a-9-Distribution-Protocol---FINAL-French-subject-to-Court-approval.pdf","title":"Document supplémentaire"}],"shortFormNoticeUrl":"","longFormNoticeUrl":"/uploads/fb678009b8c9d21227bca475-7-Notice-of-Settlement-Approval-Hearing---FINAL-English-dated-May-5-2026.pdf","settlementAgreementUrl":"","claimFormDocumentUrl":"","claimForms":[],"claimFormsButtonLabel":"claim-form","claimFormsUnavailable":false,"claimFormsUnavailableReason":null,"claimFormGuides":[],"optOutFormUrl":"","optOutInstructions":"The opt-out deadline expired on May 19, 2024. Class members who did not opt out by that date remain in the class and will be bound by the settlement if the court approves it.","objectionFormUrl":null,"objectionInstructions":null,"faqs":[{"answer":"The parties have reached a proposed settlement in which Aviva would pay an all-inclusive $150,000,000. The settlement is not binding until the court approves it. A settlement approval hearing is scheduled for October 13, 2026 in Toronto, in person or by Zoom.","question":"What stage is this settlement at?"},{"answer":"No. If you are a class member and want to participate, you do not need to do anything at this time. If the court approves the settlement, you will be notified in writing about how to apply for compensation.","question":"Do I need to do anything right now?"},{"answer":"If the settlement is approved, eligible class members can either choose a flat $15,000 payment under the Simplified Claims Process (no financial records required) or have their actual business income loss for the 30-day period from March 18 to April 17, 2020 calculated from their financial records. Calculated payments may be reduced on a pro rata basis and are subject to policy limits; the $15,000 simplified payment is not.","question":"How much could I receive?"},{"answer":"Only class members who submitted notice of an insurance claim to Aviva, to Epiq Class Action & Claims Solutions, or to Class Counsel before August 26, 2025, and whose Aviva policy contained restricted access or negative publicity coverage, will be entitled to receive compensation under the proposed settlement.","question":"Who is entitled to compensation?"},{"answer":"No. The deadlines to object expired on July 13, 2026.","question":"Can I object to the settlement?"}],"eligibilityChecker":{"questions":[{"id":"business-in-canada","text":"Does your business carry on business in Canada?","type":"yes_no","qualifyingAnswer":"yes","criticalForEligibility":true},{"id":"held-aviva-policy","text":"Did your business hold an Aviva insurance policy that was in force for some or all of the period from March 1, 2020 through August 31, 2021?","type":"yes_no","helpText":"This includes Aviva Enterprise, Aviva Commercial, or any other Aviva policy containing business interruption coverage.","qualifyingAnswer":"yes","criticalForEligibility":true},{"id":"applicable-coverage","text":"Did your Aviva policy contain restricted access coverage or negative publicity coverage?","type":"yes_no","qualifyingAnswer":"yes","criticalForEligibility":true},{"id":"submitted-claim","text":"Did you submit an insurance claim for COVID-19 business interruption losses to Aviva, Epiq, or Class Counsel before August 26, 2025?","type":"yes_no","qualifyingAnswer":"yes","criticalForEligibility":true},{"id":"not-excluded","text":"Are you outside the certified classes in the Denturists (Matt McCallum) and Legion (Royal Canadian Legion Victory Branch #317) actions against Aviva?","type":"yes_no","helpText":"Members of those two certified classes are not part of this settlement.","qualifyingAnswer":"yes","criticalForEligibility":true},{"id":"did-not-opt-out","text":"Are you still included in this class action, meaning you did not opt out?","type":"yes_no","helpText":"If you never filed an Opt-Out Form, answer Yes.","qualifyingAnswer":"yes","criticalForEligibility":true}],"uncertainMessage":"Some of your answers were Not sure, so we could not confidently determine your eligibility.","qualifyingMessage":"Based on your answers, you appear to fall within the class definition for this settlement.","nonQualifyingMessage":"Based on your answers, you do not appear to fall within the class definition for this settlement."},"claimCategories":[{"id":"simplified-claims","name":"Simplified Claims Process","description":"For eligible class members who prefer a fixed payment without gathering financial records. You receive a flat amount once your eligible policy is verified.","recoveryType":["Cash payment"],"documentation":["Self-attestation only"],"recoveryRange":"$15,000 flat payment","eligibilityChecker":null,"eligibilityCriteria":["Had an eligible Aviva policy with restricted access or negative publicity coverage in force as of March 17, 2020","Provided notice of an insurance claim to Aviva, Epiq, or Class Counsel before August 26, 2025"]},{"id":"business-income-loss","name":"Business Income Loss Calculation","description":"For eligible class members who want their actual business income loss calculated. Your loss for the 30-day period from March 18 to April 17, 2020 is calculated from your financial records and may be adjusted on a pro rata basis and capped at your policy limits.","recoveryType":["Cash payment"],"documentation":["Account records required"],"recoveryRange":"Calculated business income loss for the 30-day indemnity period, subject to pro rata adjustment and policy limits","eligibilityChecker":null,"eligibilityCriteria":["Had an eligible Aviva policy with restricted access or negative publicity coverage in force as of March 17, 2020","Provided notice of an insurance claim to Aviva, Epiq, or Class Counsel before August 26, 2025","Provides Required Financial Loss Data such as tax filings, profit and loss statements, or financial statements for 2019, 2020, and 2021"]}],"proceedings":null,"relatedSlugs":[],"group":null,"cardSummary":"For businesses that held Aviva business interruption insurance during the pandemic and submitted a COVID-19 related claim. A proposed $150 million settlement is awaiting court approval.","proofRequired":"","claimTime":"","claimAmount":"","coverageStartDate":"2020-03-01","coverageEndDate":"2021-08-31","deadline":"","optOutDeadline":"2024-05-19","objectionDeadline":null,"approvalHearingDate":"2026-10-13","approvalHearingDates":[{"date":"2026-10-13","label":""}],"approvalPending":false,"dateAdded":"2026-08-08","lastUpdated":"2026-08-08","firstPublishedAt":"2026-08-08 18:05:20","claimsOpenedAt":null,"lastVerifiedAt":"2026-08-08","languages":["en","fr"]}}