Disputing a Debt (Credit Reporting): Difference between revisions
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==R.R.O. 1990, Reg. 74: GENERAL<ref name="RRO74"/>== | |||
<b>22. (1) If a debtor sends a collection agency or collector, by verifiable means, including personal service, certified mail, courier, facsimile or e-mail, <u>a notice stating that the debtor disputes the debt and suggests that the matter be taken to court,</u> the collection agency or collector shall not thereafter contact or attempt to contact the debtor, unless the debtor consents to or requests the contact.</b> | |||
:(2) If a debtor or his or her lawyer or licensed paralegal sends a collection agency, by verifiable means, including personal service, certified mail, courier, facsimile or e-mail, a notice requesting that the collection agency communicate only with the debtor’s lawyer or licensed paralegal, and setting out the lawyer or licensed paralegal’s address and telephone number, the collection agency or a collector shall not thereafter contact or attempt to contact the debtor other than through the debtor’s lawyer or licensed paralegal unless the debtor consents to or requests the contact. | |||
<ref name="RRO74">R.R.O. 1990, Reg. 74: GENERAL, <https://www.ontario.ca/laws/regulation/900074>, made under the authority of the Collection and Debt Settlement Services Act, R.S.O. 1990, c. C.14, <https://www.ontario.ca/laws/statute/90c14#BK35>, retrieved July 27, 2020</ref> | |||
==Harvey v. Talon International Inc., 2017 ONCA 267 (CanLII)<ref name="Harvey"/>== | |||
[45] <b><u>“Recover” is defined in legal dictionaries as “gaining through a judgment or order”.</b></u> This was the definition adopted for the use of “recover” in s. 4 in <i>McConnell v. Huxtable, 2014 ONCA 86, 118 O.R. (3d) 561</i><ref name="McConnell"/>, at paras. 16-20, specifically, at para. 17, where this Court noted that the English Court of Appeal has held that the expression “to recover any land” in comparable legislation “is not limited to obtaining possession of the land, nor does it mean to regain something that the plaintiff had and lost. Rather, “recover” means to ‘obtain any land by judgment of the Court’” | |||
[46] I agree with the application judge’s approach on this point. This is clearly an action to recover. | |||
<ref name="Harvey">Harvey v. Talon International Inc., 2017 ONCA 267 (CanLII), <https://canlii.ca/t/h2z9j>, retrieved on 2021-03-24</ref> | |||
<ref name="McConnell">McConnell v. Huxtable, 2014 ONCA 86 (CanLII), <https://canlii.ca/t/g2wrf>, retrieved on 2021-03-24</ref> | |||
==References== | |||
Latest revision as of 01:10, 24 November 2022
| Caselaw.Ninja, Riverview Group Publishing 2021 © | |
|---|---|
| Date Retrieved: | 2024-11-23 |
| CLNP Page ID: | 1047 |
| Page Categories: | Credit Reporting |
| Citation: | Disputing a Debt (Credit Reporting), CLNP 1047, <https://rvt.link/1l>, retrieved on 2024-11-23 |
| Editor: | MKent |
| Last Updated: | 2022/11/24 |
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R.R.O. 1990, Reg. 74: GENERAL[1]
22. (1) If a debtor sends a collection agency or collector, by verifiable means, including personal service, certified mail, courier, facsimile or e-mail, a notice stating that the debtor disputes the debt and suggests that the matter be taken to court, the collection agency or collector shall not thereafter contact or attempt to contact the debtor, unless the debtor consents to or requests the contact.
- (2) If a debtor or his or her lawyer or licensed paralegal sends a collection agency, by verifiable means, including personal service, certified mail, courier, facsimile or e-mail, a notice requesting that the collection agency communicate only with the debtor’s lawyer or licensed paralegal, and setting out the lawyer or licensed paralegal’s address and telephone number, the collection agency or a collector shall not thereafter contact or attempt to contact the debtor other than through the debtor’s lawyer or licensed paralegal unless the debtor consents to or requests the contact.
Harvey v. Talon International Inc., 2017 ONCA 267 (CanLII)[2]
[45] “Recover” is defined in legal dictionaries as “gaining through a judgment or order”. This was the definition adopted for the use of “recover” in s. 4 in McConnell v. Huxtable, 2014 ONCA 86, 118 O.R. (3d) 561[3], at paras. 16-20, specifically, at para. 17, where this Court noted that the English Court of Appeal has held that the expression “to recover any land” in comparable legislation “is not limited to obtaining possession of the land, nor does it mean to regain something that the plaintiff had and lost. Rather, “recover” means to ‘obtain any land by judgment of the Court’”
[46] I agree with the application judge’s approach on this point. This is clearly an action to recover.
References
- ↑ 1.0 1.1 R.R.O. 1990, Reg. 74: GENERAL, <https://www.ontario.ca/laws/regulation/900074>, made under the authority of the Collection and Debt Settlement Services Act, R.S.O. 1990, c. C.14, <https://www.ontario.ca/laws/statute/90c14#BK35>, retrieved July 27, 2020
- ↑ 2.0 2.1 Harvey v. Talon International Inc., 2017 ONCA 267 (CanLII), <https://canlii.ca/t/h2z9j>, retrieved on 2021-03-24
- ↑ 3.0 3.1 McConnell v. Huxtable, 2014 ONCA 86 (CanLII), <https://canlii.ca/t/g2wrf>, retrieved on 2021-03-24
