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Money Lending
COMMENT
'Money lending' is as old as money, which means as old as organized trade - which is a long time. Since the days of the Bible it has been ethically controversial, and - given it's degree of statutory regulation today - remains so. It is regulated by multiple statutes:- Consumer Protection Act (CPA) (Ontario),
- Bank Act (federal) [quite similar the the CPA in this respect, using the 'full disclosure' model of consumer law],
- Collection and Debt Settlement Service Act (CADSSA),
- Consumer Reporting Act (CRA),
- Unconscionable Transaction Relief Act (UTRA),
- and more.
Practically - the vast, vast majority of these cases are regarding personal debt default, and people only tend to research the law when that arises. Consequently, closely-related topics are Execution and Insolvency.
GENERAL CASES
Money Lending - General
Money Lending - Loans
Money Lending - Credit Card Operations
Money Lending - 'Marshalling'
UNCONSCIONABLE TRANSACTIONS RELIEF ACT
Money Lending - Unconscionable Transactions Relief Act (UTRA)
Unconscionable Transactions Relief Act (UTRA), s.1-5
CREDIT REPORTING
Money Lending - Credit Reporting - Privacy
Money Lending - Credit Reporting - Tort
Consumer Reporting Act [*** this needs statreg-splitting]
CONSUMER PROTECTION ACT (CPA) GUIDES
Loan and Credit Regulation under the CPA (Includes Credit Cards) Guide
Loan Brokering Guide
Credit Repair Guide
These Guides are draw from the CPA, which see fully at Consumer Protection (Ontario) Legal Guide.
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
STATUTES
Collection and Debt Settlement Services Act [allocated with Guide]
Unconscionable Transactions Relief Act (UTRA) [allocated]
Consumer Reporting Act
EDITING NOTES
. Collection Agencies Guide was last statute auto-updated at 24 April 2023; it still 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 Canada Trustco Mortgage Company v. Laird, 2007 CanLII 15232 (ON SC
. harvest: Canaccede Credit LP v. Dyment, 2020 ONSC 325 (CanLII)
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