Thompson v. Canadian Home Improvement Credit Corporation
2023 ONSC 5159
Court
Ontario Superior Court of Justice
Year
2023
Citation
2023 ONSC 5159
Topic
Punitive damages + title-level NOSI discharge against finance assignee
The facts
An Ottawa homeowner responded to an Ontario Green Savings Facebook ad for a 'free home energy assessment.' OGS sales representatives signed her into long-term rental and finance contracts with CHICC for a water heater and air conditioner. She sued.
The holding
The Court found OGS made false and misleading representations about its relationship with the Ontario government, the alleged need for new equipment, supposed cost savings, and rebate eligibility — and made fraudulent misrepresentations to induce her to sign. CHICC, as finance assignee, was bound by the dealer's misrepresentations. The Court awarded $10,000 in punitive damages plus $8,624 in costs and ordered the contracts and related registrations discharged from her title.
Why this matters for Ontario homeowners
A finance company that takes assignment of a door-to-door HVAC contract is bound by the original installer's misrepresentations. The Court will order title-level discharge of NOSIs and similar registrations where the underlying contracts are unenforceable, and punitive damages are available for fraudulent inducement.
Read the full reasons on CanLII: https://canlii.ca/t/k03rt
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.
Want to Know If This Case Applies to You?
A free Oakwell review applies the relevant precedents to your specific contract.