Court File and Parties

COURT FILE NO.: CV-21-0065193-00CP DATE: 20241213

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: ALGA ADINA BONNICK, GORAN STOILOV DONEV, and SARAH-JANE SHAW

AND: LAWRENCE KRIMKER, CROWN CREST CAPITAL MANAGEMENT CORP., CROWN CREST FINANCIAL CORP., CROWN CREST CAPITAL TRUST, CROWN CREST CAPITAL II TRUST, CROWN CREST BILLING CORP., CROWN CREST CAPITAL CORP., CROWN CREST FUNDING CORP., SANDPIPER ENERGY SOLUTIONS, SANDPIPER ENERGY SOLUTIONS HOME COMFORT, SIMPLY GREEN HOME SERVICES (ONTARIO) INC., SIMPLY GREEN HOME SERVICES INC., SIMPLY GREEN HOME SERVICES CORP., PEOPLES TRUST COMPANY, LYUDMILA KRIMKER, 2775996 ONTARIO INC., MARBLE AMALCO INC., HCSI HOME COMFORT INC., HCSI HOME COMFORT 2 INC. and SGHS MANAGEMENT HOLDCO INC.

BEFORE: J.T. Akbarali J.

COUNSEL: David Sterns, Mohsen Seddigh and Maria Arabella Robles, for the plaintiffs Paul-Erik Veel for the defendants and proposed defendants Lawrence Krimker, Lyudmila Krimker, 2775996 Ontario Inc., Marble Amalco Inc., and SCHS Management Holdco Inc. H. Michael Rosenberg and Sharanya Thavakumaran, for the defendants and proposed defendants Crown Crest Capital Management Corp., Crown Crest Financial Corp., Crown Crest Capital Trust, Crown Crest Capital II Trust, Crown Crest Billing Corp., Crown Crest Capital Corp., Crown Crest Funding Corp., Sandpiper Energy Solutions, Sandpiper Energy Solutions Home Comfort, Simply Green Home Services (Ontario) Inc., Simply Green Home Services Inc., and Simply Green Home Services Corp., HCSI Home Comfort Inc., and HCSI Home Comfort 2 Inc. Sean Kugler and Clifton Prophet, for the defendant People’s Trust Company

HEARD: In writing

Proceeding under the Class Proceedings Act, 1992

Endorsement

Overview

[1] This certified class proceeding, which was previously two proceedings, is progressing towards a settlement approval hearing scheduled for February 4, 2024. Recently, I granted amendments to the statement of claim, consolidated the two actions into one, certified it for purposes of settlement, and approved the notice plan and proposed notices: Bonnick v. Krimker, 2024 ONSC 6331.

[2] The plaintiffs have now moved, on an unopposed basis, for an order appointing Verita Global as the administrator for the implementation of the proposed settlement of the proceeding.

[3] Class counsel undertook a request for proposals process to select the class administrator best suited for this case. It identified three firms that potentially had the capacity and experience to implement this settlement, including Verita, and sought a proposal from them. Verita was among the administrators that delivered a proposal, and delivered answers thereafter in response to questions posed by class counsel.

[4] Class counsel is experienced. They have concluded that Verita’s proposal best meets the requirements of an administrator in this settlement for reasons including Verita’s experience in claims administration on a national level, its ability to serve vulnerable individuals, the training of its staff, its ability to communicate in English and in French, its ability to adequately report on implementation, its proposed budget, and its certification regarding cyber-security for the administration.

[5] I am satisfied that Class Counsel’s choice is appropriate. I approve Verita as administrator.

[6] The order shall go in the form of the draft I have signed.

J.T. Akbarali J.

Date: December 13, 2024