This article was originally published by Global Legal Group. Click here to view the PDF file.
Dominic T. Clarke and Anthony H. Gatensby have collaborated to write an article entitled, "Business Interruption Insurance and the COVID-19 Pandemic: The Canadian Experience".
This chapter provides an overview of the current status of the Canadian legal processes grappling with the coverage issues arising out of the COVID-19 pandemic. It aims to provide a frank discussion about the difficulties faced by the Canadian judiciary in face of the urgent need for a resolution of the many outstanding coverage issues. As a part of that discussion, we compare the expedited processes which have taken place in both the UK and Australia to the omnibus class action of Workman Optometry Professional Corporation et al. v. Certas Home and Auto Insurance Company et al., which highlights the traditional constraints of Canadian judicial processes which stand in the way of providing much-needed answers to insurers and policyholders alike.
Read the full article, featured in the International Comparative Legal Guide to Insurance & Reinsurance 2022 edition here.
The information contained in this article is intended to provide information and comment, in a general fashion, about recent cases and related practice points of interest. The information and views expressed are not intended to provide legal advice. For specific legal advice, please contact us.