Cullaton (Estate) v. MDG Newmarket Inc. (Ontario Energy Group) — Settlement approval
2021 ONSC 6996
Court
Ontario Superior Court of Justice
Year
2021
Citation
2021 ONSC 6996
Topic
Approval of $14.95M class settlement + cancellation of HVAC leases
The facts
Following certification in 2019 ONSC 6432, the parties reached a settlement covering Ontario consumers who entered HVAC equipment lease agreements with Ontario Energy Group between 1 May 2012 and 31 December 2016.
The holding
The Court approved a settlement of $14.95M plus cancellation of up to approximately 225 lease agreements. The settlement-approval reasons confirm the certification record and the viability of the underlying CPA-breach theory.
Why this matters for Ontario homeowners
Major Ontario HVAC class actions resolve through substantial settlements where class-wide CPA breaches are established. The combination of monetary recovery and lease cancellation is a typical outcome — the same outcome individual homeowners can pursue on their own facts.
Read the full reasons on CanLII: https://www.canlii.org/en/on/onsc/doc/2021/2021onsc6996/2021onsc6996.html
This case summary is for general information only. It is not legal advice. Outcomes in your situation depend on the specific facts of your case.
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