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ADMINISTRATIVE LAW | SPPA / Fairness (Administrative)

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Collection Agencies (Ontario)

LEGAL GUIDE (24 April 2023)
  1. Overview
  2. Exemptions from the CADSSA
  3. Registration and Regulation of Collection Agencies under the CADSSA
  4. Prohibited Practices under the CADSSA
    4A. Debt Settlement Services
  5. CADSSA Appeal Procedures
  6. CADSSA Administrative Enforcement
  7. The Consumer Protection Act and Collection Practices
  8. Tort Remedies

    Case Considered

    Currency and Updating


. this was statute auto-updated (at 25 April 2023) - but it needs case harvesting, especially re Ch.7 and 8. Likely will want terminating Ch.7 and 8 and replacing with well-organized cases topics

. past misnaming in updating cases in 2019 update [should have been "Collection and Debt Settlement Services Act" not "Collection Agencies and Debt Settlement Services Act"]; currency corrected now but still have to update ALL cases since 2013, not many
. consider add credit bureau (consumer reporting)
. consider updating cases by "debt collection" as tort cases not done since 2013; how to integrate to /updating?
. consider Canada Trustco Mortgage Company v. Laird, 2007 CanLII 15232 (ON SC
. check Creditors' Relief Act, 2010 for relevance
. eventually merge this with a larger Execution Guide
. harvest: Canaccede Credit LP v. Dyment, 2020 ONSC 325 (CanLII)

Already Merged Cases
. R v Gnish (OCJ, 2004)
. Anderson v Excel Collection Services Ltd (Ont Div Ct, 2005)
. R v Sabine (NBQB, 1990)
. Canadian Bonded Credits Ltd. v. Paré (OLRB, 2006)
. Ministry of Government Services v Canadian Credit Corporation (OCJ, 2007)
. R v Saskatchewan Wheat Pool (SCC, 1983)
. Total Credit Recovery v Roach (BCSC, 2007)
. R v Stucky (Ont CA, 2009)
. Holtzman v Suite Collections Canada Inc. (Ont Div Ct, 2013)
. Queen v Cognos (SCC, 1993)
. Prinzo v Baycrest Centre for Geriatric Care (Ont CA, 2002)
. Rahemtulla v Vanfed Credit Union (BCSC, 1984)
. Tran v Financial Debt Recovery Ltd. (Ont Sup Ct, 2000)
. Lafleur v Canadian Bond Credits Ltd (Ontario Small Claims Court, 2003)
. Motherwell v Motherwell (Alta CA, 1976)
. Toban v Total Credit Recovery (B.C.) Ltd. (BC Small Claims Court, 2001)
. Paulin v PCM Collections Limited (Professional Collection Management) (Ont Supt Ct, 2007)
. Daishowa Inc. v Friends of the Lubicon (Ont Div Ct, 1996)
. Jones v Tsige (Ont CA, 2012)
. Somwar v McDonald's Restaurants of Canada Ltd (Ont Sup Ct, 2006)


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Last modified: 26-04-23
By: admin