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Collection Agencies (Ontario)
LEGAL GUIDE (24 April 2023)
- Overview
- Exemptions from the CADSSA
- Registration and Regulation of Collection Agencies under the CADSSA
- Prohibited Practices under the CADSSA
4A. Debt Settlement Services
- CADSSA Appeal Procedures
- CADSSA Administrative Enforcement
- The Consumer Protection Act and Collection Practices
- Tort Remedies
Case Considered
Currency and Updating
EDITING NOTES
. 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
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. 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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