Aviva Insurance et al v. Sahara Resturant
AVIVA INSURANCE COMPANY OF CANADA, ALSO KNOWN AS AVIVA INSURANCE COMPANY INC. ALSO KNOWN AS AVIVA INSURANCE
Law Firm / Organization
Dutton Brock LLP
LLOYD’S UNDERWRITERS ALSO KNOWN AS CERTAIN UNDERWRITERS AT LLOYD’S AND CHUBB
Law Firm / Organization
Dutton Brock LLP
3 KINGS SHAWARMA INC. OPERATING AS SAHARA RESTAURANT,
Law Firm / Organization
Not Specified
Lawyer(s)

Matthew Tubie

  • Background and Facts of the Case:

    • January 1, 2018, when a water pipe in Sahara Restaurant's sprinkler system burst, causing significant property and content damage.
    • Sahara Restaurant was insured by the applicants under a Hospitality Insurance Policy covering building and contents, including for water damage.
  • Issues/Main Discussion:

    • The core issue was whether Sahara Restaurant's claim was barred by the expiration of the limitation period, which the insurers argued expired on January 1, 2019, one year after the incident.
    • Sahara Restaurant filed for an appraisal of losses under the Insurance Act after this period, which the insurers contested, arguing the claim period had already expired.
    • Sahara Restaurant contended that the insurers' actions delayed the start of the limitation period and that their ongoing discussions and request for an appraisal should extend this period.
  • Ruling:

    • The court found that the limitation period for Sahara Restaurant to file a claim expired on January 1, 2019, rendering any subsequent claims or demands for appraisal ineffective.
    • The actions and communications by the insurers did not constitute a waiver of the limitation period, nor did they extend it.
    • Sahara Restaurant's application to compel the insurers to participate in an appraisal was dismissed, as the right to pursue a claim had already expired.
  • Conclusion:

    • Sahara Restaurant is barred from pursuing further claims against the insurers related to the January 1, 2018, loss due to the expiration of the limitation period.
    • The discussion and appraisal process invoked by Sahara Restaurant after the limitation period expired have no effect on the expired right to file a claim.
    • No amount for costs specified.
Superior Court of Justice - Ontario
CV-22-1494-00
Insurance law
Applicant