Ontario Energy Group / Ontario Energy Solutions
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Summary of the Proceedings
On July 25, 2016, Harrison Pensa LLP issued a Statement of Claim against MDG Newmarket Inc. holding itself out as Ontario Energy Group and Ontario Energy Solutions (“MDG”), Evgueni Farber (Eugene Farber), and Home Trust Company.
The Claim was brought on behalf of all persons in Ontario who are or were at any time party to a lease agreement for HVAC equipment (such as furnaces, air conditioners, water heaters and/or other related equipment) with the defendants MDG and/or Home Trust Company between May 1, 2012 and December 31, 2016.
The suit claims that the class members’ lease agreements for equipment with the Defendants MDG and Home Trust Company are unlawful agreements which violate the requirements of the Consumer Protection Act, among other breaches of applicable law.
The action seeks damages for class members and declarations that the agreements are unlawful and unenforceable, among other important relief.
Status of the Proceedings
This matter has been filed in London, Ontario. A Certification and Summary Judgment Motion was heard in April of 2019. The purpose of those hearings were to determine: 1) if the case should be certified to proceed as a class action, and 2) whether the court could determine some important parts of the case on its merits without the need for a full trial using a process called summary judgment.
The court released its decision and the results are as follows:
1) Certification Motion
The case has been certified as a class action on behalf of the following class:
“All persons in Ontario who are or were at any time party to a lease agreement of
equipment with MDG Newmarket Inc. O/A Ontario Energy Group entered into
between May 1, 2012 and December 31, 2016”
This means that the case has been allowed to go to trial on behalf of all OEG customers who meet that class definition. At the trial, the legality of the OEG contracts will be determined on behalf of all class members.
2) Summary Judgment Motion
The court did not grant summary judgment. Instead, the court has directed a further hearing where a process will be set to bring the case to trial. It is our hope that this will result in an expedited trial schedule, with a focused set of important facts being pre-determined for the class as a result of the summary judgment motion.
This decision may be appealed. If it is not appealed, the trial will be schedule on a date to be provided by the court.
Individuals who believe that they may be a member of the proposed class are encouraged to contact Harrison Pensa LLP for further information. Inquiries should be directed to 1.800.263.0489 ext. 759 or 608 or by email to