On February 27, 2024, the Ontario Court of Appeal delivered its
decision in Loblaw Companies Limited v. Royal & Sun
Alliance Insurance Company of Canada, 2024 ONCA 145, which
involved a variety of coverage issues in the context of a class
action.
This comprehensive decision on coverage will be influential in
Ontario coverage matters, particularly in cases involving the
application of multiple policies over different policy periods,
although many aspects of the case were influenced by the unique
factual circumstances.
BACKGROUND
Class actions were commenced in British Columbia, Alberta,
Ontario and Quebec against Loblaw Companies Limited
("Loblaw"), Shoppers Drug Mart Inc.
("SDM") and Sanis Health Inc.
("Sanis"), in relation to the
manufacture, distribution and sale of opioid drugs in Canada from
1996, when Purdue Pharma began to sell OxyContin.