Get A-Head Files $99.7 Million Counterclaim Against Ontario

A major player in the ongoing Skills Development Fund scandal has initiated a counterclaim against the Ontario government for approximately $99.7 million. The lawsuit follows the government’s earlier action to recover $25.9 million paid to Get A-Head, a mental health service platform provider, amid allegations of fraud and misrepresentation.

On Tuesday, lawyers for Get A-Head and its parent company, Keel Digital Solutions, submitted a statement of defense and counterclaim to Ontario’s Superior Court. This legal move comes in response to a lawsuit filed by the Ontario government last month, which accused the companies of inflating service usage and failing to comply with provincial investigations.

The controversy surrounding Get A-Head intensified after a report from the Ontario Auditor General on October 1, 2025, criticized the Ministry of Labour’s main worker support program for being “not fair, transparent or accountable.” The report coincided with Labour Minister David Piccini attending a high-profile wedding in Paris hosted by a lobbyist for Keel, raising questions about potential conflicts of interest.

The government’s lawsuit primarily targets the $35 million paid to Get A-Head by the Ministry of Colleges and Universities (MCU) from 2022 to late 2025. The government is seeking repayment of funds, alleging that the company engaged in fraudulent activities, including misrepresenting the use of its platform.

In their counterclaim, Get A-Head and Keel firmly rejected these allegations, asserting that the government’s claims are “speculative, unfounded, and entirely without merit.” They seek a judicial ruling that would require the provincial government to pay Get A-Head the full $99.7 million, which includes $13.5 million for services already rendered and additional damages related to contracts that the company believed were forthcoming.

The Ontario government’s forensic audit, which concluded late last year, scrutinized the agreements between MCU and Get A-Head. The audit found that Get A-Head allegedly inflated the reported usage of its services by dividing therapy sessions into three 20-minute increments. However, Get A-Head maintains that this billing practice was standard and agreed upon by MCU, aligning with guidelines from mental health professionals in Canada.

In their defense, Get A-Head’s legal team argued that the government was fully aware of their billing methodology and that the audit was flawed due to misunderstandings by “junior auditors.” The company contends it was cooperative throughout the audit process, contradicting the government’s claims.

The situation escalated further when the Ontario government announced it would not renew its agreements with Get A-Head, following the forensic audit’s findings. Details of the audit were also shared with the Ontario Provincial Police (OPP), which confirmed an ongoing investigation into the company, although no charges have been filed as of now.

Get A-Head asserts that it was blindsided by the findings of the forensic audit. They argue that earlier interactions with senior officials from the Ford government indicated continued support for their business operations. Notably, a conversation in late January 2025, allegedly involving Patrick Sackville, chief of staff to Premier Doug Ford, suggested that a future agreement with MCU would be approved following the audit.

The premier’s office has responded, stating that any discussions referenced in the counterclaim occurred before the troubling results of the audit were known. They emphasized that the findings were promptly referred to the Ontario Provincial Police.

Despite the turmoil, Get A-Head signed a second one-year agreement to receive $4.8 million in SDF grant funding from the Labour Ministry on March 31, 2025. The company’s legal filings state that at no point during the forensic audit did government officials suggest that the 2025 MCU agreement would not be renewed.

Get A-Head’s legal team maintains that the Skills Development Fund scandal should not be conflated with their services to the Ministry of Colleges and Universities. In a statement, Keel expressed frustration, insisting that the company is being scapegoated for broader issues within the provincial government.

The investigation into the actions of Labour Minister David Piccini is ongoing, following complaints from opposition parties regarding his handling of the SDF. The OPP has indicated that while the investigation began due to the referral concerning MCU payments, the scope may evolve as new information surfaces.

As this case unfolds, both parties are preparing for a legal battle that could have significant implications for the future of mental health service funding in Ontario.