C$150 Million Aviva COVID Business Interruption Settlement Approved, Who Can Still Claim?

Ontario’s Superior Court of Justice has approved a C$150 million settlement with Aviva Insurance Company of Canada over business interruption insurance claims tied to the COVID-19 pandemic. Justice E.M. Morgan approved it on October 16, 2026, ending the main phase of a lawsuit that began in July 2020. It covers a certified national class of businesses whose Aviva policies included certain business interruption coverage.

The headline amount is not a payout to every business that lost income during COVID-19. Only businesses that gave notice of an insurance claim to Aviva, Epiq Class Action & Claims Solutions or class counsel before August 26, 2025 can qualify for compensation. They must also have the applicable policy coverage and meet the settlement’s other requirements.

Eligible businesses can choose between a C$15,000 simplified payment and a payment calculated by a business-income-loss formula. As of October 27, 2026, the public materials reviewed show no live claim form and no confirmed claim deadline. The approved protocol says the claim period will last 60 days from a date still to be ordered by the court.

Official settlement website: BDO Canada’s Aviva settlement portal | Administrator page: BDO Aviva settlement information | Claim form: not yet available.

Aviva COVID Business Interruption Settlement: Quick Facts

Detail	Information
Official settlement website	aviva.claims.bdo.ca
Administrator information page	BDO Aviva settlement page
Claim form and deadline	No live form or confirmed deadline as of October 27, 2026; 60-day claim period to start on a court-ordered date
Case	Nordik Windows Inc. v. Aviva Insurance Co., 2026 ONSC 5875
Court	Ontario Superior Court of Justice
Main court file	CV-20-00643386-00CP (related file in settlement documents: CV-24-00728023-00CL)
Representative plaintiffs	Nordik Windows Inc., Cash and Carry Inc., Hangar9 Studio Inc., Real Food for Real Kids Inc.
Defendant	Aviva Insurance Company of Canada
Settlement amount	C$150,000,000, all-inclusive (fees, costs, levy, notice and administration)
Action commenced	July 3, 2020
Class certified	March 22, 2023
Settlement signed	March 9, 2026
Court approval	October 16, 2026
Coverage period	March 1, 2020 to August 31, 2021
Notice-of-claim cutoff	August 26, 2025
Simplified payment option	C$15,000, subject to policy limits and settlement terms
Administrator	BDO Canada LLP
Contact	[email protected] or 1-888-333-6029 (English or French)

Related proceedings in Quebec and British Columbia are also addressed in the settlement documents, subject to the agreement’s terms.

What Did the Aviva Lawsuit Allege?

The lawsuit challenged how Aviva handled business interruption claims arising from COVID-19 and related government restrictions. Some businesses had policies with endorsements designed to cover lost income when a civil authority restricts access to premises or an infectious disease outbreak occurs nearby. Two coverages were central:

• Restricted Access: potentially responding to income losses when a civil authority restricts access to the insured premises.
• Negative Publicity: potentially responding to income losses connected to an infectious disease outbreak within 25 kilometres of the insured premises.

The representative businesses alleged Aviva wrongfully denied claims that should have been covered. Aviva determined most COVID-related business-income claims were not covered under these endorsements, and it settled without admitting liability. The court approved a compromise rather than deciding coverage after trial, so the settlement does not establish that business interruption insurance always covers pandemic losses.

Why Did Aviva Agree to Pay C$150 Million?

The case ran about five years, with a carriage motion, two certification hearings, an appeal process, discovery and trial preparation. A common-issues trial was scheduled for January 2026. The parties mediated in 2025 and signed the settlement on March 9, 2026.

Continuing would have carried risk for both sides, including whether each policy actually provided the coverage and whether a qualifying outbreak or closure order could be shown, how to calculate lost income given grants, expenses and policy limits, and whether businesses that had not given notice could recover or were barred by time limits. Aviva disputed the claims, including on notice and limitation grounds.

The compromise means some businesses may receive less than a full trial might have produced. The court considered an objection from a class member with a 60-day indemnity period, since the settlement generally calculates covered losses over 30 days, and Justice Morgan still found the settlement fair, reasonable and in the class’s best interests.

Who Is Eligible?

Eligibility is narrower than having held an Aviva business policy during COVID-19. The class generally includes businesses that held a qualifying Aviva policy with business interruption coverage for some or all of March 1, 2020 through August 31, 2021, did not opt out, and are not excluded. Specified businesses from the Quebec and British Columbia proceedings are included, and some businesses covered by separate certified class actions are excluded.

To receive compensation, a business generally needs all of the following:

1. A qualifying Aviva policy in force during the coverage period
2. Restricted Access or Negative Publicity coverage as defined in the settlement
3. Timely prior notice: notice of its claim to Aviva, Epiq or class counsel before August 26, 2025
4. Class membership: it did not opt out and is not excluded
5. A completed claim submitted through the administrator’s portal during the official claim period, once it opens

The administrator will use information from Aviva and Epiq to help verify eligibility, and may require policy or financial information depending on the claims process chosen.

The August 26, 2025 cutoff matters most. Sending a notice of an old COVID loss now does not satisfy the requirement that notice was given before that date. The upcoming claim period is a separate step and does not replace it.

How many policyholders are involved?

The court’s decision estimates about 49,000 policyholders in the national class. Roughly 3,600 had given notice of claims, and Aviva confirmed 2,162 of those had Restricted Access or Negative Publicity coverage. These are not final counts of recipients, and being in the broader class does not guarantee payment.

How Much Could an Eligible Policyholder Receive?

The C$150 million is all-inclusive, covering legal fees, disbursements, the Class Proceedings Fund levy, notice and administration. It is not the amount available for direct payments. The approved distribution protocol offers two payment methods.

Option 1: C$15,000 simplified payment

Eligible claimants can choose a fixed C$15,000 payment without submitting detailed loss data. It is not subject to pro-rata increases or reductions based on the value of standard claims, but remains subject to policy limits and settlement terms. Once chosen, the claimant cannot switch to the loss calculation. It is simpler, but may be less than a business with substantial covered losses would receive under the formula.

Option 2: Standard business-income-loss calculation

Claimants provide the required financial data, which may include tax filings and financial statements, and the administrator calculates the payment under the settlement formula. The protocol generally uses a 30-day indemnity period from March 18 to April 17, 2020, with an exception for policies providing annual coverage, and the result remains subject to policy limits. Standard payments may be reduced proportionately if approved calculations exceed the funds available, and if funds exceed total standard payments after required steps, the protocol provides for a proportional distribution of the remainder.

Why C$150 million is not the pool for payments

The court approved class counsel fees of C$40.68 million, including applicable tax and specified costs. It estimated the Class Proceedings Fund levy at about C$10.2 million, with the final levy set at the end of administration. Each of the four representative plaintiffs was approved for a C$15,000 honorarium, and administration costs also apply. Because final costs are not yet set, no definitive amount for class payments can be calculated from the headline figure.

Is the Aviva Claim Form Open?

No live claim form or confirmed deadline was identifiable in the public administrator materials as of October 27, 2026. The court approved the settlement and protocol on October 16, 2026, and the protocol says the claim period will run 60 days from a date to be ordered by the court. Some public BDO information still reflects the earlier pre-approval process, so do not rely on an old hearing date as a claim deadline.

Businesses that may qualify should:

1. Check the official BDO settlement page and portal for the court-approved notice, claim form and claim-period dates.
2. Gather the Aviva policy, any earlier notice of claim and relevant business records.
3. Contact the administrator if they believe they qualify but have not received notice or cannot find filing instructions.

BDO Canada LLP lists 1-888-333-6029 and [email protected] for English or French assistance. Do not assume the claim period is open just because the settlement was approved, and avoid third-party sites claiming to file claims for you.

Objection and Opt-Out Deadlines

Both deadlines have passed. The deadline to object to approval, class counsel fees, disbursements, administration expenses or honoraria was July 13, 2026 at 5:00 p.m. Eastern. Justice Morgan held the approval hearing on October 13 and approved the settlement three days later. The opt-out deadline expired on May 19, 2024, and class members who did not opt out are bound by the approved settlement, subject to its terms. A late objection or opt-out should not be expected to restore those options. Ask class counsel or a Canadian class-action lawyer about the effect on a particular business.

Key Dates

Date	Event
July 3, 2020	Action commenced
March 22, 2023	Class certified
May 19, 2024	Opt-out deadline
August 26, 2025	Cutoff for having given notice of a claim
January 2026	Scheduled common-issues trial date (settled before trial)
March 9, 2026	Settlement agreement signed
July 13, 2026	Objection deadline
October 13, 2026	Approval hearing
October 16, 2026	Settlement approved
To be ordered	Start of 60-day claim period

What Happens Next?

The court has approved the settlement agreement, distribution protocol, counsel fees and related orders. The administrator must provide notices and run the claim process under the approved documents. Once the court sets the claim-period start date, a 60-day window will govern when claims must be submitted. The protocol also provides for claim review, notices of deficiency, decisions, a limited appeal of standard calculations and final reporting.

Approval does not decide whether Aviva’s policy language covered pandemic closures, because the case settled before the common-issues trial. For business owners, the practical priority is to confirm a claim notice was sent before August 26, 2025, then follow the administrator’s official instructions.

How This Case Differs From Other Insurance Class Actions

Insurance litigation varies widely by policy, conduct and court orders. The Aviva settlement is unlike the allegations in Macy’s and Aon’s putative class action over $13.2 million in insurance commissions, which does not involve COVID coverage. It also differs from the Brighthouse Life Insurance $9.25 million settlement, where policyholders receive automatic payments with no claim form. And a dispute over who must pay a prior settlement, such as Crown Resorts’ A$72.5 million settlement and its lawsuit against insurer RiverStone, is different from a settlement paying benefits to a class.

These cases are not interchangeable. Policy wording, class definition, prior-notice rules and the approved distribution process control who may recover.

Frequently Asked Questions

Has the court approved Aviva’s C$150 million settlement?

Yes. Justice E.M. Morgan approved it in Nordik Windows Inc. v. Aviva Insurance Co., 2026 ONSC 5875, on October 16, 2026, without an admission of liability by Aviva.

Can any Canadian business that closed during COVID-19 claim?

No. The business must be in the class, have the applicable Aviva coverage, and have given notice of a claim to Aviva, Epiq or class counsel before August 26, 2025. Sending a new notice now does not make a business eligible.

Is the claim form available?

Not as of October 27, 2026. The protocol says a 60-day claim period will run from a date to be ordered by the court. Check the official BDO page and portal for updates.

Does every eligible policyholder receive C$15,000?

No. C$15,000 is the simplified option, subject to policy limits and settlement terms. Claimants can instead choose the standard loss formula, which requires financial information and may be adjusted pro rata. Eligibility must be verified first.

What period does the settlement cover?

The class concerns policies in force for some or all of March 1, 2020 to August 31, 2021. Standard calculations generally use 30 days from March 18 to April 17, 2020, with an exception for annual-coverage policies.

Is the settlement only for Ontario businesses?

No. It is national and addresses related Quebec and British Columbia proceedings, subject to its terms.

Can a business still object or opt out?

No. The objection deadline was July 13, 2026 and the opt-out deadline was May 19, 2024. The settlement has been approved.

Did Aviva admit it wrongfully denied claims?

No. The settlement is a compromise of disputed claims, and the court did not decide the coverage issues after trial.

Who do I contact with questions?

BDO Canada LLP at [email protected] or 1-888-333-6029.

Sources

1. Ontario Superior Court of Justice, Nordik Windows Inc. v. Aviva Insurance Co., 2026 ONSC 5875, Court File No. CV-20-00643386-00CP (October 16, 2026): https://trlaw.com/wp-content/uploads/2026/10/nordik-v-aviva-cv-20-00643386-00cp-settlement-approval-morgan-j-october-16-2026.pdf
2. BDO Canada LLP, Aviva settlement administration page: https://www.bdo.ca/services/financial-advisory-services/business-restructuring-turnaround-services/current-engagements/avivaclassaction
3. Official Aviva settlement portal: https://aviva.claims.bdo.ca/
4. Distribution Protocol, Aviva Business Interruption Class Action Settlement: https://www.lolg.ca/docs/default-source/news-and-results-documents/2026-03-10—distribution-protocol.pdf?sfvrsn=a6428ab6_1
5. Court-authorized settlement approval hearing notice: https://www.lolg.ca/docs/default-source/news-and-results-documents/notice-of-settlement-approval-hearing.pdf?sfvrsn=abdabec7_1
6. Class counsel announcements (Thomson Rogers LLP and Lax O’Sullivan Lisus Gottlieb LLP)

Researched and written by Israr Ahmad, legal content researcher at AllAboutLawyer.com, based on the court’s decision, the approved distribution protocol, the settlement notice and BDO’s public materials reviewed as of October 27, 2026.

This article is for informational purposes only and does not constitute legal advice. AllAboutLawyer.com is a legal information website, not a law firm. Eligibility is limited to businesses meeting the approved settlement’s requirements, including the August 26, 2025 notice cutoff. Businesses should review the official settlement documents and consult qualified Canadian counsel about individual coverage or eligibility questions.