Ontario Energy Group Class Action

Court:
Ontario Superior Court of Justice

Class Members:
Class members include all persons in Ontario who are or were at any time party to a lease agreement for equipment with MDG Newmarket Inc. o/a Ontario Energy Group entered into between May 1, 2012 and December 31, 2016.

 

The content of this page has not been approved by the Court nor does it constitute legal advice. It is for the purpose of providing general information only.

 

Case Contacts

 

On July 25, 2016, a class action was commenced against Ontario Energy Group (“OEG”) and Home Trust Company.

OEG is a company that entered into lease agreements for the installation, rental, and servicing of HVAC equipment (like furnaces, air conditioners, and water heaters) with Ontario consumers. Home Trust Company is alleged to have purchased an interest in the lease agreements, collected money from Class Members under the lease agreements, and to have registered “liens” against Class Members’ homes.

The class action alleged, among other things, that OEG’s lease agreements failed to comply with legal requirements under Ontario’s Consumer Protection Act, 2002 and other applicable laws. The class action sought damages and other remedies for the Class.

Status of Claims Process

The Claims Administrator has completed their review of all claims submitted on or before September 24, 2023, and the deficiency period has begun.

“Deficiency letters” were sent out via email or regular mail to individuals whose claims are missing certain essential information or documents.  

If you received a deficiency letter, please provide the requested information or documents to the Claims Administrator as soon as possible but no later than the deadline set out in your letter.

If you do not respond to the Claims Administrator and provide them with the requested information or documents by the deadline set out in your letter, it may impact: (i) your eligibility to receive benefits and/or (ii) the amount of money you receive.

Your deficiency letter contains instructions on how to submit the requested information or documents to the Claims Administrator.

If you have any questions regarding your deficiency letter, please contact the Claims Administrator directly.

 If you did not receive a deficiency letter via email or regular mail, there is nothing you need to do at this time.

Following the end of the deficiency period, the Claims Administrator will review the additional information and documents provided and finalize claim decisions. Decision letters will then be sent to all claimants.

 

Late Claim Submissions

The claims deadline was August 25, 2022. Late claims filed after August 25, 2022, but on or before September 24, 2023, were accepted by the Court and reviewed by the Claims Administrator. It is no longer possible to submit a late claim.

 

Settlement Approval

The settlement agreement, which resolved the class action against OEG and Home Trust Company, was approved by the Court on October 21, 2021. The Court has defined the class of consumers who can benefit from the settlement (known as “Class Members”) as:

All persons in Ontario who are or were at any time party to a lease agreement for Equipment with MDG Newmarket Inc. O/A Ontario Energy Group entered into between May 1, 2012 and December 31, 2016, except Excluded Persons.

“Equipment” means furnaces, air conditioners, water heaters, water softeners, water purification systems, boilers, air cleaners, humidifiers, chimney liners, filters, and other equipment or services offered under the Consumer Agreements.

“Excluded Person” means any putative class member who elects to opt out of this class action pursuant to an order of the Court, and each settling defendant, as further defined in the Settlement Agreement.

The period for opting-out of the Ontario Energy Group class action passed and there is no further opportunity to opt-out. If you are a Class Member and did not opt-out of the class action, you are bound by the Court-approved settlement.

Who Represents Me?

The Court appointed Claims Administrator Epiq should be your first point of contact for claims process or settlement-related questions.

Inquiries should be directed to:

Email:
info@oegclassaction.ca

Phone:
1.833.358.9423

Fax:
1.866.262.0816

Mail:
Epiq Class Action Services Canada Inc.
Attention: OEG Class Action Settlement
P.O. Box 507 STN B
Ottawa, ON K1P 5P6

Website:
www.oegclassaction.ca

If you still require assistance after contacting Epiq, you may contact Foreman & Company at:

Email:
oeg@foremancompany.com

Phone:
1.855.814.4575 ext. 109

Fax:
1.226.884.5340

Mail:
Foreman & Company
Attention: OEG Class Action
4 Covent Market Pl
London, ON N6A 1E2

If you are contacting Class Counsel, please leave a detailed and specific inquiry advising that you have already been in touch with Epiq; otherwise, your inquiry may be redirected.