Lyons v. TD Home and Auto Insurance Co.
KEVIN LYONS
THE TORONTO-DOMINION BANK
Law Firm / Organization
Not Specified
TD HOME AND AUTO INSURANCE COMPANY
Law Firm / Organization
Not Specified

**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.

Superior Court of Justice - Ontario
CV-20-646789-00CP
Class actions
Plaintiff