Frequently Asked Questions
In a class action, one or more people called “representative plaintiffs” sue on behalf of people who have similar claims. All of these people with similar claims are called the “class” or “class members”. The Court adjudicates the issues for all class members, except those who removed themselves from the class.
Class members, meaning individuals who meet the criteria for eligibility under the terms of a given settlement, are automatically included in a class action once certified unless, they choose to exclude themselves (or “opt out”). In this class action, class members include people who reside anywhere in Canada, except Quebec.
If you are a homeowner in Canada (except Quebec) and are or were at any time party to a lease agreement for HVAC or HVAC-related Equipment with Crown Crest, Sandpiper Energy Solutions, Simply Green Home Services, or HCSI Home Comfort (defined as “Settling Defendants”) between July 17, 2013 and January 15, 2025, you could be affected by these class action lawsuits involving certain alleged breaches of consumer protection legislation and other claims.
The class actions apply to all individuals in Canada, with the exception of residents of Quebec, who are or were at any time, directly or indirectly, party to a consumer agreement to lease HVAC or HVAC-Related Equipment involving the Settling Defendants, regardless of the identity of the vendor that originated the consumer agreement, between July 17, 2013, and January 15, 2025.
The plaintiffs commenced a class action in Ontario against the Settling Defendants. These companies were parties to, or acquired, lease agreements for the installation, rental, and servicing of HVAC and HVAC-related Equipment with Ontario consumers. They are alleged to have purchased an interest in the lease agreements, collected money from individuals under the lease agreements, and registered Notices of Security Interest (“NOSIs”), encumbrances, or “liens” against individuals’ homes.
The class action alleges, among other things, that the Settling Defendants failed to comply with legal requirements under consumer protection law and other applicable laws. The class action seeks damages and other remedies for the class.
The settlement provides both a Cash Compensation Benefit ("Cash Compensation") and a Lease Cancellation Benefits for Individuals who Experienced the Most Hardship ("Lease Cancellation"). The Cash Compensation Benefit is limited to those who paid the Settling Defendants a buyout or termination fee. The Lease Cancelation Benefit is limited to those who have an active lease with the Settling Defendants and who experienced the most hardship.
Please refer to FAQ 5 and 6 for further explanation about each benefit.
To be eligible to file a Cash Compensation Claim, you must have paid the Settling Defendants a buyout or termination fee. Individuals are eligible to share from the initial cash amount of $17,000,000, in addition to recovered funds from the proceeds of the sale of business, less applicable fees and disbursements.
The settlement does not provide a fixed individual payment, meaning payments will vary depending on the ultimate take-up rate (number of claims received). For the purpose of the distribution, the cash entitlement of individuals will be calculated based on the amount of the buyout fee that they paid compared to the Net Settlement Funds available for distribution. Individuals can receive up to a maximum of the buyout or termination fee paid to the Settling Defendants. Individuals are not able to recover greater than the sum paid. Subject to further orders of the Court, claims that are valued at or below $25, will be assigned a minimum value of $25.
Example A: If the Net Settlement Funds to be distributed is $100; and three eligible individuals claim, each of whom paid the following sums as buyout and/or termination fees: Individual 1, $55; Individual 2, $80; Individual 3, $70. The payment to each will be calculated as follows:
$55 + $80 + $70 = $205 (total amount paid out by all eligible and approved claimants)
The Net Settlement Funds ($100) represents approximately a 49% share of the total amount paid by the claimant class members ($205).
Each claimant receives approximately 49% of the actual sums paid: Individual 1 receives ($55 x 0.49= $26.95); Individual 2 receives ($80 x 0.49 = $39.20); Individual 3 receives ($70 x 0.49 = $34.30).
Aside from uploading government-issued ID, supporting documentation is not required to file a Cash Compensation claim. To lessen the burden of proof and to streamline the claim filing process the Claims Administrator has been provided with data from the Settling Defendants indicating a list of individual names, contact information and paid moneys to the Settling Defendants to terminate or buy out of their leases. All Cash Compensation claim submissions will be compared against this data for independent verification.
If upon receipt of a claim, the Claims Administrator is unable to verify the claimant using the data provided by the Settling Defendants, it may result in the Claims Administrator notifying the claimant that additional supporting documentation is required. Further details will be provided in this occurrence.
These cancellations are for exceptional circumstances. To be eligible for compensation you must currently be party to a lease for HVAC or HVAC-related Equipment with the Settling Defendants. Individuals with active leases are provided with cancellation of lease agreements and arrears forgiveness of $13,500,000 worth of ongoing lease agreements.
Individuals who are deemed not eligible for a cash payment or a cancellation will benefit from the settlement in any case, including by way of a 3.5% per annum cap on the annual payment increases under their agreements, a 25% reduction in lease buyout prices for the equipment, and receipt of a letter and court order rendering any notice of security interest or similar encumbrance unenforceable and authorizing any solicitor to discharge such encumbrance.
If you wish to submit a claim requesting the cancellation of your lease you will be required to provide a copy of the ongoing lease, if available, any ongoing invoices, collections efforts or communications from any of the Settling Defendants demonstrating ongoing obligations under the lease. You will also be required to provide an explanation for your request to have your lease cancelled, highlighting key factors you want considered, this will need to be backed up by appropriate supporting documentation that is available to you. The factors to consider are:
(A) Mental incapacity or significant vulnerability of the affected class member (including age, illness, disability, or language barriers);
(B) Documented unhonoured cancellation request(s) to the Settling Defendants or their agents during the 10-day cooling-off period;
(C) Removal of functioning equipment (age of removed equipment to be considered) to install the leased equipment in its place;
(D) Equipment failure, service issues, or non-operational equipment; and
(E) Door-step fraud and misrepresentation.
Claims must be submitted through the online claim portal, or if you have extenuating circumstances and cannot submit a claim through the online claim portal you can request a paper copy by calling us at 1-833-419-4822.
Please refer to the FAQ 5 and 6 for further explanations about the two different claim submissions that can be made.
If your home is in Ontario, your real estate lawyer can discharge the NOSI by filing a form with land titles. If your home is outside Ontario, the Court has ordered that the NOSI be discharged and the Settling Defendants have consented to the discharge of your NOSI. Please find the Court’s order here and provide it to your real estate lawyer to discharge the NOSI. In all instances, please note that the expenses of your lawyer will have to be paid by you.
If you face any issues, please contact us under (FAQ 11) below.
The deadline to submit a claim is October 2nd, 2025.
You have the option to be paid via Interac E-Transfer or by cheque.
Please be aware that under the settlement, an additional charge of $2.00 applies to cheque processing.
Additional information about the proposed settlement can be found on the Documents page of this website. You may also contact the Claims Administrator at 1-833-419-4822 or email us at [email protected].
The law firm of Sotos LLP is Class Counsel and represents Class Members in these class actions.
Sotos LLP can be reached about these class actions at:
Telephone (toll-free): 1-888-977-9806
Email: [email protected]
Mail: 55 University Ave., Suite 600, Toronto, ON M5J 2H7