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 the date of judgment.
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 claim alleges that the leasing transactions violate the unconscionability and mandatory information disclosure provisions of the Consumer Protection Act. The leasing transactions are alleged to result in overcharges to class members of as much as 1,800% of the fair market value of the equipment that is supplied, without providing legally required information to class members about the costs and other material aspects of the transaction they are entering into. The claim also alleges that the defendants have illegally made false and misleading contractual and sales representations concerning the costs of the agreements, savings to class members on their bills, and access to equipment rebates for which the class members are not actually eligible, among others.
The action seeks damages for class members and declarations that the agreements are unlawful, among other important relief. The action also seeks rescission, which means the action seeks to have the agreements cancelled or unwound from their start date.
Status of the Proceedings
This matter has been filed in London, Ontario. A Certification and Summary Judgment Motion was heard in April of 2019. A decision has not yet been released.
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