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ARTICLE · 20 JANUARY 2022

COVID-19 And Business Interruption Claims: No Coverage Absent Direct Physical Damage

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In two companion actions, the Quebec Court of Appeal recently validated the Honourable Justice Davis' findings that business interruption losses arising from the COVID-19 pandemic are...

CanadaCoronavirus (COVID-19)
Marie-Pier Nadeau
Marie-Pier Nadeau
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In two companion actions,1 the Quebec Court of Appeal recently validated the Honourable Justice Davis' findings that business interruption losses arising from the COVID-19 pandemic are not covered losses in the absence of physical property damage. These two decisions are the first ones to be released in Canada on that issue at the appellate level.

Three class actions were brought in Quebec by dental clinics against their property insurers for loss of revenues suffered as a result of government-mandated closures. The Honourable Justice Davis certified a class action against L'Unique,2 but dismissed the motions for certification against Intact3 and against Promutuel and others.4

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