TD Class-Action lawsuit certified by Ontario Courts

The Ontario Superior Court of Justice has certified a class-action lawsuit against TD Insurance as TD is considered to have breached its travel insurance cancellation policies after many trips were cancelled due to COVID-19.

Sivan Tumarkin, a disability lawyer, co-founding Partner at Samfiru Tumarkin spoke to the Globe and Mail on the lawsuit the firm launched on behalf of Kevin Lyons in September 2020.

“The policy does not exclude payment of eligible trip-cancellation expenses if non-monetary compensation, such as a credit, is offered to the insured person,” says Tumarkin.

Tumarkin goes on to explain that many travel providers did not offer credits or refunds for cancelled flights, many did not. “Insurers were let off the hook when the airlines were bailed out by the government,” Tumarkin states. “Canadians were finally able to get reimbursed in cash – but that didn’t cover all of their travel deposits and expenses. That is what insurance policies are for.”