TR Law and Co-Counsel Secure $150 Million Class Action Settlement
Author(s): Stephen M. Birman*, Lucy G. Jackson, Robert M. Ben*, Anna H. Kiraly
October 20, 2026

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.
Robert Ben, Stephen Birman, Lucy Jackson and Anna Kiraly acted as counsel for the class, together with co-counsel from Lax O’Sullivan Lisus Gottlieb 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 [email protected] or 1-888-333-6029 in English or French.
Share this