By Douglas Stewart and Rebecca Curcio ( October 4, 2021, 7:59 AM EDT) -- The Ontario Court of Appeal recently released its decision in MDS Inc. v. Factory Mutual Insurance Company 2021 ONCA 594 (MDS) which addressed, in part, the scope of the term “physical damage” in the context of a claim for insurance coverage for business interruption losses. The below discussion of the court’s decision focuses on the court’s interpretation of this phrase, which is a notable ground of dispute in many ongoing COVID-related business loss claims. The court’s decision in MDS is expected to have widespread implication in cases where physical damage is one of the threshold issues in assessing coverage under an insurance policy....