Background

• Two related class actions:
  • Krimker Action: Alleges predatory leasing agreements for home equipment (e.g., air and water filters) originated through door-to-door sales. Claims include inflated charges, disproportionate liens on homes, and unconscionable terms.
  • PTC Action: Added claims against People’s Trust Company, suspected of conspiracy after findings in related insolvency proceedings.
• Key Allegations: Breach of consumer protection laws, conspiracy, unconscionability, slander of title, and unjust enrichment.

Motions and Orders

1. Amendments & Consolidation:

   • Consolidated the Krimker and PTC actions for efficient settlement processing.
   • New defendants added.

2. Certification for Settlement:

   • Certified the consolidated class for settlement purposes, subject to criteria under the Class Proceedings Act, 1992:
     • Pleadings disclosed causes of action.
     • Defined class: Canadians involved in leasing agreements with Simply Green Vendors since 2013, excluding opt-outs and defendants.
     • Common issue: Whether defendants engaged in unfair practices under consumer protection laws.
     • Class proceedings deemed the most suitable resolution method.

3. Settlement Notices:

   • Approved a comprehensive notice plan, including direct and online communications in English and limited French.

Outcome

• Class proceeding certified for settlement.
• Notice plan approved to inform class members of opt-out and settlement approval processes.
• The decision does not specify any monetary award, costs, or damages granted at this stage.