Court File and Parties

COURT FILE NO.: CV-20-646236

DATE: 20210126

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Lloyd’s (Markel)

AND:

Aviva Insurance Company

BEFORE: Mr. Justice Chalmers

COUNSEL: See attached list

HEARD: Teleconference

ENDORSEMENT

[1] This case conference relates to the three Applications which concern the duty to defend current or future opioid class actions; Court File Nos.: CV-20-00646236; CV-20-00649597 and CV-20-651208.

[2] At the commencement of the case conference I was advised that Application Court File No.: CV-20-00646236 has settled. The parties to the Application consent to the wording of the draft Order. The Order will go in accordance with the draft Order filed and signed by me.

[3] One of the items on the agenda for today’s case conference was to schedule the motion which was expected to be brought by QBE with respect to the jurisdiction of its policy. I was advised that QBE has decided to not bring this motion.

[4] At the case conference on December 22, 2020, I directed each of the insurers to provide their coverage positions to counsel for the Applicant by January 15, 2021. Mr. Theall confirmed that all insurers have now provided at least a preliminary coverage position.

[5] Counsel for Aviva raised an issue with respect to the control of the defence. Aviva is prepared to provide a defence for the period during which it was the primary insurer. Aviva wants to assume the defence of the action, however before doing so, it will be necessary for the other insurers to provide their coverage positions. Counsel for Aviva also asks that Aviva receive reports from defence counsel with respect to the underlying action.

[6] Mr. Theall advised that he will provide the reports from defence counsel to counsel for Aviva.

[7] Mr. Theall is also prepared to provide the coverage position of the insurers to the other parties. Counsel for some of the insurers objected and stated that they do not have instructions from their clients to allow their coverage positions to be provided to the other insurers. I order that unless any primary or excess insurer objects to the disclosure of its coverage position within 14 days of today, Mr. Theall is at liberty to provide each insurer’s coverage position to the other parties.

[8] The two remaining Applications are expected to proceed in June 2021. Counsel for the parties are directed to confer on the most convenient date for the Applications to be heard. It is expected that three consecutive days will be required. The date for the hearing of the Applications will be scheduled at the next case conference.

[9] The next case conference is scheduled for Tuesday, March 9, 2021 at 9 a.m.

Date: January 26, 2021