Michael Dunk

The court considered costs submissions following the successful summary judgment motion of the defendants, Nancy Flagler-Wilburn and F.R. Jordan & Associates Appraisal and Management Services (1977) Inc. The plaintiff, Dennis Paul Rivest, accepted that costs were owed but argued for a significant reduction due to curative steps required by the defendants' failure to plead witness immunity.

The court found some merit in the plaintiff’s argument but rejected the 40% reduction estimate as unfounded.

Ultimately, the court fixed costs at $40,945.80, inclusive of fees, disbursements, and H.S.T., to be paid by the plaintiff within 30 days.

The appellants, small and mid-size businesses, appealed a class action decision regarding business interruption insurance claims stemming from the COVID-19 pandemic.

They sought coverage for revenue losses, arguing that the presence of SARS-CoV-2 or civil authority orders constituted "physical loss or damage" to their property under their insurance policies.

The Court of Appeal upheld the trial judge's finding that neither the virus's presence nor the civil authority orders met the "physical loss or damage" criteria for business interruption coverage.

The appeal was dismissed, and costs were awarded to the respondents.