Plaintiff
Defendant
**Case Overview**
-Date: February 16, 2023
-Plaintiff: Kevin Lyons
-Defendant: TD Home and Auto Insurance Co. et. al
**Key Issues**
- The central question had revolved around whether TD could deny insurance coverage based on offering credits, coupons, or vouchers to policyholders.
- Airlines had changed policies to offer cash refunds due to government incentives during the pandemic.
**Settlement and Mediation**
- Mediation had taken place in June 2022, with a valuation report estimating the maximum claim value at $15.4 million.
- After opt-outs and additional information, the maximum claim value had been determined to be $15.2 million.
- The settlement agreement had included a total payment of $5,100,000 by TD, with $200,000 for counsel costs and $100,000 for administration expenses.
**Distribution**
- Class members eligible for cash refunds had received $100 each.
- The rest of the settlement funds had been distributed proportionally to non-cash refunded claims.
- Class members had been allowed to retain any travel credits they had already received.
**Class Counsel and Fees**
- Class counsel had initially had a 33.33% contingency fee arrangement.
- Class counsel fees requested had been 21.5% of the $4.8 million settlement amount, totaling $1,032,000, plus HST.
- The class had contributed $480,000 to the Class Proceedings Fund.
**Approval**
- The settlement had been approved as fair, reasonable, and in the best interest of the class.
- Class counsel fees had been approved as fair and proportionate.
Court
Superior Court of Justice - OntarioCase Number
CV-20-646789-00CPPractice Area
Class actionsAmount
Winner
PlaintiffTrial Start Date
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