The Toronto-Dominion Bank has settled out of court with a couple who had accused its staff of mishandling a fight at its TD Canada Trust branch on Rosser Avenue.
“I can confirm that we’ve come to an agreement with Mr. and Mrs. Vasconcelos,” TD Bank Financial Group corporate and public affairs manager Lynzey MacRae confirmed Thursday afternoon.
Brandon couple Marcus and Mary Vasconcelos had filed a small claim in Brandon Court of Queen’s Bench that accused the bank of “gross negligence” for failing to ensure their safety.
They demanded $10,000 from the bank, claiming they were verbally and physically assaulted by several intoxicated customers inside the Rosser Avenue branch on Nov. 2.
Bank staff should have spoken to or removed the intoxicated troublemakers long before things got violent, the couple claimed.
TD then served notice that it intended to fight the claim, agreeing that Marcus Vasconcelos was injured during the altercation, but otherwise denying all of the couples’ allegations.
The bank said it took all reasonable steps to keep the plaintiffs safe.
According to the bank, Marcus Vasconcelos alerted a bank employee to an altercation he was having with other people and said he was being threatened.
It was while an employee had gone to get help that a fight broke out between Vasconcelos and one or more of the other people.
TD asserted any injuries suffered by the plaintiffs were worth much less than the $10,000 claimed.
The case was set to be heard at the Brandon courthouse on Jan. 15.
However, on Thursday, word came that there had been a settlement and a request to cancel the court date.
As such, any allegations weren’t proven in court.
MacRae confirmed the settlement and that the couple wouldn’t pursue the matter further. However, citing privacy, TD didn’t supply details of the agreement.
The Vasconceloses couldn’t be reached for comment.
MacRae maintains that bank staff acted appropriately.
“In this case, we are confident our employees acted in accordance with our safety procedures and took immediate action to involve local police to respond to the incident,” MacRae said.
Brandon police have confirmed that they responded to the fight at the bank, and police at the scene had indicated no one was hospitalized as a result.
As to whether the incident has prompted TD to review its security measures, MacRae said TD continuously reviews its procedures, including security procedures.
Republished from the Brandon Sun print edition January 10, 2014