Collection Agencies

R.R.O. 1990, Reg. 74: GENERAL

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.

Consumer Reporting Act, R.S.O. 1990, c. C.33

9 (3) A consumer reporting agency shall not include in a consumer report,

(a) any credit information based on evidence that is not the best evidence reasonably available;

LaFleur v. Canadian Bond Credits Ltd., 2003 CanLII 64307 (ON SC)

I find that the defendant contravened the Collection Agencies Act and that its persistent unwarranted telephone calls constituted harassment of the plaintiffs. It was an invasion of their privacy and constituted a nuisance deserving of compensation.

Having regard to the number of calls, the duration of them, and the detrimental effect they had on the plaintiffs and in particular Lynn Bourke, I believe a fair assessment of general damages for the invasion of privacy and consequent nuisance would be $1,000 for the plaintiff Lynn Bourke and $500 for the plaintiff Marc LaFleur.