Edona Vila

The plaintiffs, representing a class of small to medium-sized businesses, sought coverage under their business interruption insurance policies for losses sustained due to the COVID-19 pandemic and related civil authority orders.

The court held a common issues trial to determine whether the presence of the SARS-CoV-2 virus or government lockdown orders could cause 'physical loss or damage to property' within the meaning of the policies.

The court concluded that the virus does not physically alter or damage inanimate surfaces, and that the loss of use of the premises due to government orders does not constitute physical loss or damage.

Consequently, the court answered the certified common issues in the negative, finding no coverage under the business interruption provisions.

The plaintiff sued the City of Toronto for injuries sustained after tripping on a pothole in a pedestrian crosswalk.

The City brought a motion for summary judgment, arguing the claim was barred because the plaintiff failed to provide notice within 10 days as required by s. 42(6) of the City of Toronto Act.

The court dismissed the City's motion and granted summary judgment to the plaintiff on this issue, finding the plaintiff had a reasonable excuse for the delay and the City suffered no prejudice.

The defendant municipality brought a motion for summary judgment to dismiss the plaintiff's action against it for failure to provide notice within 10 days of the injury, as required by s. 42(6) of the City of Toronto Act.

The plaintiff was involved in a motor vehicle accident in 2015 but did not notify the municipality until 2018, after retaining an expert who suggested a potential intersection design defect.

The court found the matter appropriate for summary judgment and held that the plaintiff failed to establish a reasonable excuse for the delay under s. 42(8), as he had sufficient facts to investigate a potential claim against the municipality much earlier.

The action against the municipality was dismissed.