1. Simple and Easy Consultations
2. Over 50 Cases Brought Against HVAC Companies
3. Voted Best Law Firm in the Toronto Star Readers’ Choice Awards
Our firm has handled over 50 lawsuits against HVAC companies. Our clients’ stories are all infuriatingly similar: an agent for an HVAC company shows up at their house and misrepresents themselves as either being with Enbridge or with the Government of Ontario. They say they are there to “inspect” the furnace.
The end result is that the agent for the HVAC company gets you to sign a contract under false pretenses. It may be that they promised the items would be “free” or that a “rebate” would cover the cost.
It is only later that you realize that you (or often your elderly parents) have signed a contract where you pay absurdly high fees every month for basic items such as water filters, HEPA air filters, or other HVAC equipment. As an example, it is common for these companies to charge $39.00/month every month for 12 years for a simple water filter. This means that over the course of 12 years you will end up paying over $5,600.00 for an item you can buy at Canadian Tire for less than $600.00.
If you have tried calling the company to cancel the agreement, you have likely either failed to get a response or have been told that you missed the “10 day” cancellation period and now have to pay thousands of dollars to “buy out” the contract.
What they don’t tell you is that section 18 of Ontario’s Consumer Protection Act provides that Ontarians are allowed to rescind these agreements if the company has engaged in an “unfair practice”. The term “unfair practice” is broadly defined and gives the consumer a much greater amount of time to cancel these grossly unfair contracts.
Our firm is proud to represent homeowners in these disputes. To discuss your options, give us a call today at (437) 222-2234.
A number of financing companies have made it their business to rent certain products such as air conditioners and furnaces to homeowners and to put a lien called a “Notice of Security Interest” on the homeowner’s property.
The difficulty arises when the homeowner tries to renew or refinance their mortgage or to sell their property.
This is usually when the homeowner discovers that in order to sell, renew, or refinance, they need to “buyout” their contract, which can often cost tens of thousands of dollars for a simple furnace or air conditioner.
There are several ways to solve this. First, you can negotiate with the financing company to pay less than they are asking in exchange for them removing their Notice of Security Interest so that you can deal with your property. Second, you can pay them the full amount they are requesting and then sue them to collect your money back.
This second option was employed by Iosef Balagula, a homeowner in Ontario who paid $17,334.09 to buyout a contract for a carbon filter and air conditioner. When Mr. Balagula tried to sell his home, he found out that there were two Notices of Security Interest on his property that he needed to deal with before selling his property. Mr. Balagula then paid the steep fee of $17,334.09 so that he could sell his property.
After the property had been sold, Mr. Balagula then sued the financing company in Small Claims Court to recover the money that he had paid them. He won in Small Claims Court.
The financing company then appealed the decision to the Divisional Court, but the financing company lost the appeal with the Divisional Court ordering that the financing company had to repay Mr. Balagula $17,334.09.
In deciding this case, the judge determined that the term of the contract that provided that Mr. Balagula had to buyout the contract if he sold his property was onerous and had not been brought to Mr. Balagula’s attention as required.
Click here to read the Divisional Court’s decision.
Our firm is proud to represent homeowners in these disputes. To discuss your options, give us a call today at (437) 222-2234.
Unfortunately, it is common for door-to-door HVAC salesman to tell homeowners that they will save money because of rebates. Some homeowners have been told that there will be no charge at all for the products. The homeowners are then furious when they see new charges on their Enbridge bill.
Our firm has proudly represented over 50 people in HVAC disputes and would be happy to see how we can help you. Contact us today at (437) 222-2234.
How are you coping with the stress of all this? Are you spending your time and energy worrying about what your next steps should be? Are you finding yourself distracted and unable to enjoy time with your family? When dealing with legal problems, it’s common for people to feel overwhelmed. The good news is, you don’t have to feel that way anymore.
If you’ve made it to this website you’ve obviously realized that you need legal help with your situation and are looking for ways to solve it. Congratulations, you’ve made it to the right place. If you need an HVAC dispute lawyer, we are some of the toughest in Ontario and are ready to fight for you.
Our firm has represented hundreds of individuals and businesses across Ontario and is well respected by judges and lawyers alike.
In fact, in 2020, Powell Litigation was voted the Best Law Firm in the Toronto Star Readers’ Choice Awards. Click the link below to see the results!
We also have an A+ rating with the Better Business Bureau and over 40 Five-Star Reviews on Google. To speak with a top HVAC dispute lawyer today, call us at (437) 222-2234.
Fantastic work by Mr. Powell and his team. Referred them a litigation matter and they were able to get great results in a short window of time. They provide undivided attention to your matter.
– Khesrau Ahmadi, Toronto
We hired Powell Litigation to help us with a condo dispute. Weston was absolutely fantastic. He is extremely knowledgeable, eager, and trustworthy. He helped us to understand the legal nuances of our case and our options moving forward. We recommend Powell Litigation in the strongest possible terms and will trust him with our business going forward!
– Lesley Thornton-Cronin, Toronto
You know the injustice we’re talking about. Someone has wronged you. It could be in any number of ways. Maybe they owe you money. Maybe they’ve told lies about you and hurt your reputation. Maybe they didn’t keep their promise to you and left you high and dry. You can just picture their smug face asking, “What are you going to do about it?”
Well, you can start by getting all the advice you need to make an informed decision. In response to the Coronavirus pandemic, we are offering safe and easy consultations by way of telephone or video conference. Yes, you read that right. You can speak with a lawyer and have all of your questions answered from the safety, comfort, and convenience of your own home.
As you can imagine, there are a lot of people who need the help of an HVAC dispute lawyer at the moment. Our office has been flooded with calls and we will not be able to extend this offer for very long. To have a simple and easy consultation with a top lawyer, call us right now at (437) 222-2234.
What can you expect during your consultation? Well, our lawyers are some of the most sought after legal talent in Ontario, so we have to start every consultation with a conflict check. We need to make sure that your adversary hasn’t already reached out to us. If they have, we will have to promptly end the call.
Once we’ve run the conflict check, we’ll listen intently to your story, answer all of your questions, and then give you strategic legal advice tailored to your specific situation. We will treat you the same way we would treat our families if they got in legal trouble: with straightforward, no-nonsense advice given in the simplest terms possible. Call us right now for your simple and easy consultation at (437) 222-2234.
Do you want to know a secret about why large law firms in Toronto are so outrageously expensive? Well, for starters, they have massive overhead. Their offices are in the financial district which has the highest commercial rents in the entire province. Do you benefit at all from them having those really nice offices? Nope. Not at all. Lawyers argue their cases at court, not at their offices, so it doesn’t matter whether their offices are in overpriced steel and glass towers downtown or in a nice professional building in North York like us.
We are a young legal team, yet we have more courtroom experience than most lawyers who have been practising for decades. At the end of the day, what matters is the experience and skill that your lawyer brings to the table. What you really need is a lawyer who is as comfortable in the courtroom as they are in their own living room. The only way to get that level of comfort is by going to court. A lot. And that is exactly what you can expect from your Toronto civil litigation lawyer at Powell Litigation.
You’ll be shocked by this. At a recent trial, I was facing off against a lawyer who has literally been practising law since I was born. He did a fine job (although we ended up winning the trial and getting $170,117.84 for our client. You can read the decision here). What was shocking was that this lawyer confided in me that, after decades of practising law, this was his very first trial! Can you imagine that?
To get a lawyer with the courtroom experience you need to win your case, call us today at (437) 222-2234.
I contacted Powell Litigation for some legal assistance concerning my business and immediately felt very comfortable and knew I was in the right place.
Mr. Powell’s communication and responsiveness were beyond my expectations throughout the process; he was clear, intelligent and honest with a real understanding of my concerns. He was always accessible, listened intently and answered all my questions directly, offering both highly professional advice and recommendations.
When my case went to court, is when I saw Mr. Powell’s true skill and brilliance at work.
He handled the proceedings with the highest degree of professionalism, achieving an outcome in my favor and a monetary result higher than I could have ever expected.
Mr. Powell’s passion for his work is definitely clear. He is knowledgeable, efficient and extremely attentive to detail which makes him very pleasant to work with. Weston Was instrumental in winning my case and I am extremely fortunate to have found him. I would without hesitation and wholeheartedly recommend working with him to my friends and colleagues, knowing they would be in strong capable hands with an attorney who truly cares.
Thank you does not seem like enough for what Weston did for me.
– J.O., Richmond Hill
