LOLG and Co-Counsel Secure $150 Million Class Action Settlement
Overview
On March 9, 2026, the Class, including representative plaintiffs Nordik Windows Inc., Cash and Carry Inc., Hanger9 Studio Inc., and Real Food for Real Kids Inc. reached a settlement with Aviva Insurance Company of Canada concerning business interruption coverage during the COVID-19 Pandemic. Under the terms of the settlement, Aviva has agreed to pay the all-inclusive amount of $150,000,000 in exchange for a release of all claims. The class action was hard fought, including two certification hearings, 10 days of cross-examination, 6 days of examinations for discovery, and 17 motions heard over 12 hearing days.
On October 16, 2026, Justice Morgan of the Ontario Superior Court of Justice approved the settlement. You can find the decision approving the settlement here.
Under the Settlement, Class Members may be eligible for compensation if:
- They held a valid Aviva policy with applicable business interruption coverage ("Negative Publicity" or "Restricted Access" coverage) between March 1, 2020 and August 31, 2021, and
- They submitted a claim for business interruption losses to Aviva, or Epiq Class Action & Claims Solutions, Inc. ("Epiq"), or Class Counsel before August 26, 2025.
Crawford Smith, Rahool Agarwal, Michael Currie, Nicole Kelly, and Alexander Mulligan acted as counsel for the class, together with co-counsel from Thomson Rogers LLP and Miller Thomson LLP. The Settlement is an incredible achievement for the Class and provides compensation to thousands of businesses for losses suffered during COVID-19.
For more information, class members can contact BDO Canada LLP by calling or emailing BDO Canada LLP at avivaclassaction@bdo.ca or 1-888-333-6029 in English or French.
People
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Crawford is a smart and courageous courtroom advocate. He is a Fellow of the American College of Trial Lawyers. Crawford has been recognized as a leading litigation lawyer by Chambers Canada, Legal 50…
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Rahool brings a combination of creative thinking, meticulous preparation and strong courtroom advocacy to each of his cases. His approach is practical and focused on achieving long-term strategic succ…
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Michael is a skilled advocate and trusted advisor for clients navigating complex business disputes. He has a calm and steady approach, even in high-pressure situations, and an ability to identify crea…
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Alexander is a creative and results-driven advocate who passionately represents those he serves. Tireless in preparation and fierce in commitment, he turns complexity into clear, focused strategies ta…
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