EcoCapital Investments and Your Ontario HVAC Contract
An assignee of Ontario HVAC and water-treatment rental contracts, named in Superior Court NOSI-discharge rulings.
EcoCapital Investments — also referred to as EcoCapital Home Services Finance — is an assignee of Ontario HVAC and water-treatment rental contracts. The entity has been named in Ontario Superior Court NOSI-discharge rulings.
Under Ontario law, when an underlying agreement is challengeable because of how it was sold, the rights of the assignee are no greater than the rights of the original seller. A contract held by EcoCapital can still be addressed.
Our position is not that EcoCapital engaged in wrongdoing at the original sale. Our position is that the underlying agreement may have been unenforceable from the start under the 2018 amendments.
Also known as: EcoCapital, EcoCapital Home Services Finance.
What These Contracts Typically Look Like
- Long terms — typically 10 years or more
- EcoCapital as assignee or registered secured party
- Total obligations far in excess of the equipment's installed value
- Property registration on title from the original sale
What We Hear from Homeowners
- Statements arriving from EcoCapital without the homeowner realising the contract had been assigned
- Difficulty obtaining clear answers about discharging the registration
- Buyout figures disproportionate to the equipment's value
- Lien on title discovered at refinance or sale
Which 2018 Amendments Are Likely to Apply
The 2018 amendments to Ontario's Consumer Protection Act identify several practices that can render an HVAC agreement unenforceable. Where the underlying agreement (now held by EcoCapital Investments) was originated through any of these practices, the same conclusions apply:
Unconscionable Pricing
Pricing set in the original agreement remains subject to the 2018 amendments after assignment.
Unsolicited Contact
If the original sale was at the door, the agreement may be unenforceable, and that conclusion travels with the contract.
Misrepresented Energy Savings
Misrepresentations made at the original sale remain part of the contract record.
Only one of these grounds needs to apply for the agreement to be challenged successfully.
What to Do If EcoCapital Investments Is Collecting on Your Agreement
- 1Locate the original installer agreement, not just EcoCapital correspondence.
- 2Pull a title search to confirm any EcoCapital registration.
- 3Photograph the data plates on the installed equipment.
- 4Let us address EcoCapital and the original installer on your behalf.
- 5Book a free, confidential review.
Public Record
You do not have to take our word for any of this. The pattern is well documented in:
- Ontario Superior Court NOSI-discharge rulings referencing EcoCapital (CanLII)
Is the Underlying Agreement Behind Your EcoCapital Investments Statements Enforceable?
If EcoCapital is the assignee on your home equipment contract, the underlying agreement may still be challengeable.