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Read this notice carefully as it may affect your legal rights

THIS NOTICE IS TO:

All Class Members who are: all persons, natural or corporate, carrying on operations as branches of The Royal Canadian Legion and other veterans, service, and legacy organizations operating in a similar manner to Legion Branches across Canada (except British Columbia) which were insured by and have submitted a claim to Aviva Insurance Company of Canada (“Aviva”) under a Commercial Insurance Policy issued by Aviva on behalf of The Royal Canadian Legion, pursuant to the PIB Provincial Command Insurance Program (“Legion Program Policy”), which included “Restricted Access” coverage and/or “Negative Publicity” coverage under Business Income Actual Loss Sustained Form (912000-01), and which claimed loss of business income:

(a) caused by the interruption of its business when ingress to or egress from its premises was restricted in whole or in part order made by the Province of Ontario on March 23, 2020, and similar closure orders made in all Provinces and Territories in Canada in March or April 2020 (the “Closure Orders”), and/or

(b) caused by the interruption of its business when ingress to or egress from its premises was restricted in whole or in part by any subsequent order of civil authority, and/or

(c) as a direct result of an outbreak of COVID-19 within 25 kilometers of its premises (the “Class”).

A class action settlement (“Settlement”) has been reached between Aviva and The Royal Canadian Legion, Victory Branch #317 as Representative Plaintiff for the Class for C$5,512,275.50 to resolve the claims asserted on behalf of all Class Members against Aviva.

IMPORTANT DEADLINE

Objection Deadline (to object to the proposed Settlement, Class Counsel’s Fee Approval Request, the proposed Representative Plaintiff Honorarium, or the proposed Distribution Protocol): September 11, 2026.

THE NATURE OF THE CLAIMS ASSERTED

The Action alleges that Aviva is in breach of contract when it denied the Class Members’ loss of business income coverage. The Action claims for payment of loss of business income damages to the Class Members insured under the Legion Program Policy.

THE CERTIFICATION ORDER

By Order dated July 15, 2021, the Ontario Superior Court (“Court”) certified the Action as a class proceeding under the Ontario Class Proceedings Act, 1992. The Court appointed the plaintiff, The Royal Canadian Legion Victory Branch #317, in London, Ontario as the representative plaintiff (“Representative Plaintiff”) and Lerners LLP as Class Counsel.

THE SETTLEMENT

On July 2, 2026, the Representative Plaintiff and Aviva executed a Settlement Agreement (“Settlement Agreement”), which is subject to approval by the Court. The Settlement Agreement provides for the payment of $5,512,275.50 (“Settlement Amount”) in consideration of the full and final settlement of the claims of Class Members.

The Settlement Agreement provides that, if approved by the Court, the claims of Class Members asserted or that could have been asserted in the Action will be fully and finally released, and the Action will be dismissed.

The Settlement Agreement is not an admission of liability, wrongdoing, or fault on the part of Aviva, which has denied, and continues to deny, the allegations against it.

SETTLEMENT APPROVAL HEARING

The Settlement Agreement is conditional on approval by the Court. The Settlement Agreement will be approved if the Court determines that it is fair and reasonable and in the best interests of the Class Members to approve it.

The Court will hear a motion for approval of the Settlement on October 14, 2026 at the Superior Court of Justice – Toronto: 330 University Ave., Toronto, Ontario M5G 1R7.

CLASS COUNSEL’S FEES AND OTHER EXPENSES

The Representative Plaintiff and the Class are represented by Lerners LLP (“Class Counsel”). Class Counsel are conducting the Action on a contingent fee basis. On October 14, 2026, Class Counsel will make a motion to the Court for approval of their fees, which in the aggregate will not exceed $1,225,000.00 inclusive of HST, plus reimbursement for expenses incurred in the litigation in the maximum amount of $300,000.00, inclusive of HST.

On October 14, 2026, Class Counsel will also seek the Court’s approval for the payment of an honorarium to the Representative Plaintiff in the maximum amount of C$15,000.00. Class Counsel will be requesting that the honorarium be deducted directly from the Settlement Amount.

On October 14, 2026, Class Counsel will also seek a Court Order appointing MDD Forensic Accountants as Accountant and Claims Administrator as defined in and for the purposes of carrying out the Distribution Protocol.

The fees of the Accountant and Claims Administrator, together with any other costs relating to approval, notification, implementation and administration of the Settlement (“Administration Expenses”), will also be paid from the Settlement Amount.

CLASS MEMBERS’ ENTITLEMENT TO COMPENSATION

If the Settlement is approved by the Court, the Settlement Amount, less the Court approved Class Counsel Fees and Disbursements, Honorarium, Accountant’s Fees, and Administration Expenses (“Settlement Funds”) will be distributed to Class Members who file valid and timely claims in accordance with the Distribution Protocol.  

On October 14, 2026, the Plaintiff will seek the Court’s approval of the Distribution Protocol and a process by which Class Members can claim compensation from the Settlement Funds.

The proposed Distribution Protocol will provide that in order to determine the individual entitlement of Class Members who make claims, the losses of each claimant will be calculated in accordance with the Distribution Protocol. Once the losses of all Class Members who have filed valid claims have been calculated, the Net Settlement Amount will be allocated to those Class Members in proportion to their percentage of the total losses calculated for all valid claims filed. Because the Settlement Funds will be distributed pro rata, it is not possible to estimate the individual recovery of any individual Class Member until all the valid claims have been received and reviewed.

The approval of the Settlement Agreement is not contingent on the approval of the Distribution Protocol. The Court may still approve the Settlement Agreement even if it does not approve the Distribution Protocol or approves amendments to the Distribution Protocol.

PARTICIPATION IN THE APPROVAL MOTION

The following material will be posted on Class Counsel’s website dedicated to the Action

https://lerners.ca/deals-and-cases/canadian-legion-class-action on or before the dates set out below:

1. the Settlement Agreement (posted prior to or at the time of the publication of this notice);

2. the proposed Distribution Protocol (posted by August 14, 2026); and

3. a summary of the basis upon which Class Counsel recommends the Settlement and Distribution Protocol (posted by August 14, 2026).

Class Members who wish to comment on, or make an objection to, the approval of the Settlement Agreement, the proposed Honorarium, the Distribution Protocol or the fees and disbursements of Class Counsel shall deliver (by email, mail or courier) a written submission to Class Counsel, to be postmarked or received no later than September 11, 2026, at the following email address or mailing address:

Kevin L. Ross

Email: kross@lerners.ca or royalcanadianlegionclassaction@lerners.ca

Tel: 519.640.6315 or toll free at 1.844.847.1262

Fax: 519.932.3315

Please check the website for this Action from time to time for any information updates: https://lerners.ca/deals-and-cases/canadian-legion-class-action 

ADDITIONAL INFORMATION

This notice has been approved by the Ontario Superior Court of Justice. The Court offices cannot answer any questions about the matters in this notice. The Orders of the Court and other information in both languages are available on Class Counsel’s website at https://lerners.ca/deals-and-cases/canadian-legion-class-action

Questions relating to the Action may be directed to Class Counsel using the contact details above.

Si vous avez besoin d’aide en français, veuillez contacter les avocats du groupe en utilisant les coordonnées ci-dessus et nous dirigerons votre demande vers une personne appropriée.

The publication of this notice was authorized by The Honourable Justice E.M. Morgan of the Ontario Superior Court of Justice