TD Coin Counting Machines Class Action
This lawsuit alleges that The Toronto Dominion Bank (“TD”) represented that its coin counting machines would accurately count coins, even though it knew the machines did not do so.
This proposed class action is brought on behalf of all persons who used TD’s coin counting machines in Canada between January 1, 2013 and May 25, 2016.
Claims are being processed and distribution of the payouts is expected to begin in Summer 2020.
Class Counsel and the Claims Administrator have encountered some minor issues regarding the distribution which have resulted in the current delay. These issues are being rectified.
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TD Coin Counting Machines Updates
- April 16, 2019: Yesterday, Justice Taylor of the Superior Court of Justice in Kitchener approved the plaintiff’s settlement agreement with TD, the plan to distribute the net settlement funds, and Class Counsel’s legal fees. A formal notice will be disseminated in the coming weeks advising class members of the claims process. The orders may be found under the Documents tab.
- February 7, 2019 : The plaintiff and TD reached a settlement of this class action on September 12, 2018. The class action was certified for settlement purposes on December 3, 2018. Class members who do not wish to participate in the class action have been given the right to opt-out until April 5, 2019. The settlement agreement will be approved by the Court in Kitchener on April 15, 2019 at 10:00am. For more details, please visit: https://www.tdcoinclassactioncanada.com/.
- June 22, 2016 : The plaintiff has commenced a class action against TD.
TD Coin Counting Machines Documents
- Order – Fee Approval dated April 15, 2019
- Order – Settlement Approval dated April 15, 2019
- Order – Distribution Protocol Approval dated April 15, 2019
- Distribution Protocol dated March 5, 2019
- Long-Form Notice of Certification and Settlement Approval dated February 4, 2019
- Abbreviate Notice of Certification and Settlement Approval
- Consent Certification and Notice Approval Order of Justice Taylor dated December 3, 2018
- Settlement Agreement executed September 12, 2018
- Statement of Claim issued June 22, 2016
TD Coin Counting Machines News
Frequently Asked Questions
A class action is a special form of lawsuit in which one plaintiff brings a claim against one or more defendants based on allegations which are common to a group, or class, of people. In order for the action to become a class action, it must proceed through a stage known as “certification”.
A statement of claim is issued on behalf of a “representative plaintiff”. The representative plaintiff’s role is to work with class counsel to bring the action forward and to represent the class members in court.
In order for an action to proceed on behalf of the entire class, a judge must decide (among other things) whether the members of the proposed class have common issues, and whether a class action is the preferred way to resolve the issues. The process to decide these issues is known as the “certification motion”. If the judge is satisfied that the case meets all of the requirements for certification, he or she will issue an order which certifies the action as a class action.
No. If the lawsuit is certified, and you are included in the class as defined, you are automatically included in the lawsuit.
No. We will work primarily with the class representative.
Those who do not wish to remain in the class will be given the option to opt-out by sending an opt-out form at the appropriate time to us.
Certification as a class action will enable us to prove the facts in a single lawsuit rather than in numerous individual lawsuits. This has obvious benefits to the class members and to the courts.
There is no timeframe. We will move the case forward diligently but it can take a considerable period of time to reach trial.
Many class actions settle and thereby remove the need for a trial. However, we cannot predict with any certainty whether or not there will be a settlement in a given action.
The chances of “winning” can never be accurately predicted.
Class action lawsuits are typically brought on a contingency fee basis. This means that the lawyers will only be paid if the action is successful at trial or results in a settlement in favour of the plaintiffs. Legal fees would then be paid out of the settlement or judgment proceeds as approved by a judge.
Disbursements (i.e. out-of-pocket expenses, including expert reports) may be dealt with in one of two ways.
Most commonly, the lawyers will absorb the cost of disbursements. The lawyers may seek funding assistance from the Class Proceeding Fund, which may provide funding for disbursements if granted.
In some cases, disbursements may be funded by the class members, including the class representative. This typically occurs in smaller class actions brought on behalf of an organization or network of individuals where each member of the class is easily identifiable and known to the representative plaintiff. If the class action is successful, amounts advanced for disbursements are re-paid from the proceeds of any judgment or settlement to class members (and others).
Only the class representative may be liable for costs of the common issues portion of the action if it is unsuccessful.
A “payout” or an award for damages is never certain.
The action may settle or it may proceed to trial, at which time a judge will determine the amount of damages, if any, to which the class members are entitled to. Regardless, the amount of “payout” cannot be predicted, and we cannot predict when the action may settle or when the trial will conclude.
If the lawsuit is certified as a class action, you will receive a formal notice from the court explaining the nature of the case and providing you with the opportunity to opt out if you wish. General information about the lawsuit will be posted on Sotos LLP’s website at https://www.sotosclassactions.com.
We ask that you keep a copy of any documents, correspondences, records, invoices, receipts, etc. that you feel might be relevant to your individual claim in the class action. If there is a “payout,” this documentation may be required in order to support your claim for compensation.
It is not required that you send any documents to us at this time.
Join this Class Action
TD COIN COUNTING MACHINE CLASS ACTION
The TD Coin Counting Machine Class Action has been settled. Claims are being processed and funds will be distributed in Summer 2020.
For more information on the claims process visit and contact the claims administrator.