The COVID-19 Virus Does Not Trigger Business Interruption Insurance Coverage

In 2023, the Ontario Superior Court of Justice (Commercial List) released its highly anticipated decision in Workman Optometry Professional Corporation v Certas Home and Auto Insurance Company (Workman). The Court's decision, which followed a three-week long common issues trial that included the testimony of representative plaintiffs and expert witnesses, was the first Canadian trial decision of its kind to consider the application of insurance contract interpretation principles to COVID-19 pandemic-related claims. While these issues have been subject to extensive litigation in the United States,¹ this case marked the first judicial consideration of these issues in Canada in the context of a trial involving extensive fact and expert evidence.