Tan v. TD Bank Group (The Toronto Dominion Bank)
Li Wen Tan
Law Firm / Organization
Self Represented
TD Bank Group (The Toronto Dominion Bank)
Law Firm / Organization
Fasken Martineau DuMoulin LLP
Lawyer(s)

Lucy Sun

TD Waterhouse Canada Inc.
Law Firm / Organization
Fasken Martineau DuMoulin LLP
Lawyer(s)

Lucy Sun

Background:
Li Wen Tan, the plaintiff, sought to strike down a consent order dated December 1, 2023, which dismissed the litigation against TD Bank Group and TD Waterhouse Canada Inc. without costs to any party. The plaintiff wished to continue the litigation, alleging that the defendants breached a settlement agreement by placing a hold on the settlement funds.

Legal Issues:
The key legal issue was whether TD Bank Group breached the terms of the settlement agreement by delaying access to the settlement funds. The plaintiff argued that the hold on the funds constituted a breach, and he sought to void the consent order and resume litigation.

Court's Findings:
The court found that TD Bank Group did not breach the settlement agreement. The funds, totaling $17,000, were received by the plaintiff within the agreed timeframe, and the hold on the funds was not considered a breach. The court also dismissed the plaintiff's claim of duress, noting that the settlement was negotiated and signed voluntarily.

Costs Awarded:
The court dismissed the plaintiff’s application and ordered him to pay the defendants' costs at Scale B within 30 days. The exact amount of costs was not specified in the document.

Supreme Court of British Columbia
S250392
Civil litigation
Defendant