Is SmartCare a Legitimate Company?
The honest answer: legally registered and operating is not the same thing as a fair contract. Whether your specific SmartCare agreement is enforceable depends on how it was sold and what it requires you to pay.
The short answer
SmartCare is a legally operating company in Ontario. That fact alone does not tell you whether your specific contract with the company is enforceable.
Many Ontario companies operate legally while still using sales and contract practices that the 2018 amendments to Ontario's Consumer Protection Act target. Both things can be true at the same time.
What 'legitimately operating' means and does not mean
- Means: the company is a registered legal entity with a corporate or business registration somewhere.
- Does not mean: every contract the company sells is enforceable.
- Does not mean: the practices used at the original sale comply with Ontario consumer-protection law.
- Does not mean: the buyout figures the company quotes are fair or final.
Practices commonly reported with SmartCare agreements
- Salesperson arrived uninvited at the door
- Implications of a connection to a government, utility, or rebate programme
- Equipment installed within a day or two of signing
- Promised rebates or energy savings that never materialised
- Maintenance commitments that were never honoured
The right question is not 'is the company legitimate'
The right question is: is my specific contract enforceable under Ontario law? The answer depends on six grounds set out in the 2018 amendments — unconscionable pricing, unsolicited contact, misrepresented energy savings, unfulfilled maintenance, improper installation, and unfulfilled rebate promises. Only one needs to apply. See the six grounds →
See also: full SmartCare overview
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