There is no doubt that the COVID-19 pandemic has given rise to some of the most contentious legal issues of our time on a global scale. Justice Belobaba, for the Ontario Superior Court of Justice, began his determination regarding a class action carriage motion by stating, “[t]he impact of the Covid-19 pandemic on business operations in Canada has been devastating”.1 As the pandemic extends into its third calendar year, courts throughout the United States and across the Commonwealth have made remarkable strides in addressing coverage concerns for pandemic-driven business interruption losses. While many of these processes can be described as novel and expeditious, these terms sadly do not define the Canadian experience.

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