A stay of proceedings is like hitting the pause button on debt collection. When you file an assignment in bankruptcy, a consumer proposal or a Notice of Intention To Make A Proposal in Ontario, this legal protection automatically stops most unsecured creditors from taking collection action against you. If a claim is one purely for the collection of a debt advanced by one or more unsecured creditors, otherwise known as a claim provable in a bankruptcy or consumer proposal, then the stay of proceedings applies. But what happens when the legal action is not for the collection of a debt, like when an eviction is involved? A recent Ontario court case shows how complex this can get.
Harassing creditor collection calls and collection agency calls
This protection starts the moment you file for bankruptcy or a consumer proposal with a Licensed Insolvency Trustee in your bankruptcy jurisdiction.
How Long Does a Stay of Proceedings Last?
The duration depends on your filing type:
First-time bankruptcy: Usually 9 months (21 months with surplus income)
Consumer proposal: Remains active while you make payments (up to 5 years)
Notice of Intention To Make A Proposal: This is a preliminary filing before filing a restructuring Division One Proposal for the benefit of creditors, where you don’t qualify to make a consumer proposal. The timeline is similar to that of a consumer proposal
Stay of Proceedings and Eviction: A Real Ontario Case
The Snaith Case: What Happened
A recent Ontario Superior Court of Justice – Ontario In Bankruptcy and Insolvency case (Re Snaith, 2025 ONSC 3413) shows what happens when bankruptcy meets eviction. Here’s the story:
Leanna Mae Snaith owed $46,250 in rent arrears by January 2025. Despite making some payments, she couldn’t catch up. The Landlord and Tenant Board ordered her eviction unless she paid $47,986 by February 28, 2025.
When Ms. Snaith couldn’t pay, she filed for bankruptcy in April 2025, hoping the stay of proceedings would stop her eviction.
Why the Stay Didn’t Stop the Eviction
The court made several key points:
Eviction orders aren’t debt collection: The tenancy was already terminated before bankruptcy
Post-bankruptcy rent must be paid: New rent after filing isn’t discharged in bankruptcy
Prior court orders remain valid: The eviction order was made before the bankruptcy filing
When Stay of Proceedings Doesn’t Apply
Exceptions to Stay Protection
A stay of proceedings doesn’t stop everything. It doesn’t apply to:
Criminal court cases
Family support payments (child support, spousal support)
Some secured creditor actions
Eviction enforcement when the tenancy was already terminated
Getting Around Stay Protection
Creditors can ask the court to “lift the stay” in certain situations. Under the BIA, the court has the authority to lift the stay if the person requesting the authority to begin or continue their action is likely to suffer material prejudice or if it is equitable on other grounds.
However, in eviction cases, landlords often don’t need to do this if the tenancy ended before bankruptcy.
Stay of Proceedings: What Tenants Need to Know
Can Bankruptcy Stop My Eviction?
The short answer: probably not if you’re already facing eviction.
Before eviction proceedings: A stay might pause the process temporarily
After eviction order: The stay won’t usually stop enforcement
Current rent: You must keep paying rent during bankruptcy
Smart Strategies for Rent Problems
If you’re behind on rent:
Act early: File for bankruptcy or a consumer proposal before eviction proceedings start
Keep paying current rent: Post-filing rent isn’t protected by the stay
Get professional help: Licensed Insolvency Trustees understand these complex rules
Stay of Proceedings: What Landlords Should Know
Your Rights During Tenant Bankruptcy
As a landlord, you should know:
Pre-bankruptcy rent arrears: These become unsecured debts in bankruptcy
Post-bankruptcy rent: Fully collectible and can lead to eviction
Eviction timing: File early to avoid stay complications
Working with Sheriff’s Offices
The Snaith case revealed confusion even among enforcement officers. Some sheriff’s offices won’t enforce evictions during bankruptcy, even when they legally can. You might need a court order confirming your right to proceed as was the case here.
Consumer Proposals vs. Bankruptcy: Stay Differences
Consumer Proposal Stay Benefits
A consumer proposal offers a stay of proceedings while potentially providing better outcomes:
Keep your home (if you can afford the payments)
Paying a portion of your debts
Protection lasts for the duration of the consumer proposal as long as you are meeting your payment obligations (usually up to 5 years)
Unless there are extenuating circumstances causing a longer period, the bankrupt will normally be discharged between 9 months (first time bankruptcy and no surplus income) and 21 months (first time bankruptcy with surplus income requirement)
Professional Guidance: Why You Need a Licensed Insolvency Trustee
Expert Navigation of Stay Rules
The Snaith case shows how complex stay of proceedings rules can be. As Licensed Insolvency Trustees in the Greater Toronto Area, we help by:
Explaining how stays apply to your specific situation
Timing filings for maximum protection
Handling creditor communications
Ensuring compliance with legal requirements
Avoiding Common Mistakes
Many people misunderstand stay protection. We’ve seen clients assume bankruptcy solves everything, only to face continued problems with:
Housing costs
Post-filing obligations
Non-dischargeable debts
FAQs About Stay of Proceedings
Does a stay of proceedings stop all creditors?
No. While most creditors must stop collection, some exceptions exist. Secured creditors, family support, and certain government actions may continue.
Can I get evicted during bankruptcy?
Yes, especially if eviction proceedings started before bankruptcy or if you don’t pay current rent.
How quickly does stay protection start?
Stay of proceedings protection begins immediately upon filing bankruptcy or a consumer proposal.
What happens if I violate the stay conditions?
Courts can lift the stay, removing your protection and allowing creditor actions to resume.
Getting Help with Stay of Proceedings Issues
If you’re facing debt problems and potential eviction, don’t wait. Early action often provides better options and stronger stay of proceedings protection. The longer you wait, the fewer options you might have. Contact a Licensed Insolvency Trustee today for a free consultation.
At Ira Smith Trustee & Receiver Inc., we’ve helped Ontario residents and companies overcome their debt challenges, starting with honest, professional advice. We’ll review your complete financial situation, explain all your options, and help you choose the best path forward.
Remember: you don’t need to pay someone to access professional help. Our help starts with a free consultation and continues with transparent, regulated services designed to get you back on your financial feet.
You’re not alone in this. There’s a path forward, and it starts with reaching out for the right kind of help. Take that step—you deserve it. If you’re a GTA resident dealing with overwhelming debt, don’t wait for your credit situation to get worse. As a licensed insolvency trustee serving Toronto, Mississauga, Brampton, Markham, and surrounding areas, I’m here to help you understand your options.
Remember: Your current financial situation doesn’t define your future. With the right help and information, you can overcome debt challenges.
As a licensed insolvency trustee serving the Greater Toronto Area, I encourage consumers and business owners to view financial difficulties not as failures but as challenges that can be addressed with proper guidance. By understanding the warning signs of insolvency and seeking professional advice early, many people and businesses can find a path forward – whether through restructuring, strategic changes, or in some cases, an orderly wind-down that protects their future opportunities.
Remember: The earlier you seek help for company insolvency concerns, the more options you’ll have.
If you or someone you know is struggling with too much debt, remember that the financial restructuring process, while complex, offers viable solutions with the right guidance. As a licensed insolvency trustee serving the Greater Toronto Area, I help entrepreneurs understand their options and find a path forward during financial challenges.
At the Ira Smith Team, we understand the financial and emotional components of debt struggles. We’ve seen how traditional approaches often fall short in today’s economic environment, so we focus on modern debt relief options that can help you avoid bankruptcy while still achieving financial freedom.
The stress of financial challenges can be overwhelming. We take the time to understand your unique situation and develop customized strategies that address both your financial needs and emotional well-being. There’s no “one-size-fits-all” approach here—your financial solution should be as unique as the challenges you’re facing.
If any of this sounds familiar and you’re serious about finding a solution, reach out to the Ira Smith Trustee & Receiver Inc. team today for a free consultation. We’re committed to helping you or your company get back on the road to healthy, stress-free operations and recover from financial difficulties. Starting Over, Starting Now.
The information provided in this blog is intended for educational purposes only. It is not intended to constitute legal, financial, or professional advice. Readers are encouraged to seek professional advice regarding their specific situations. The content should not be relied upon as a substitute for professional guidance or consultation. The author, Ira Smith Trustee & Receiver Inc., and any contributors do not assume any liability for any loss or damage.
Inheritance is the legal process where assets, money, and property pass from someone who has died to their chosen beneficiaries or family members. This transfer happens either through a written will or according to provincial inheritance laws when no will exists.
Understanding inheritance is crucial for every Ontario family because it affects financial security, family relationships, and future planning decisions.
Asset Transfer Made Simple
When someone dies, their inheritance can include many different types of assets:
Cash and bank accounts
Investment portfolios and retirement savings
Real estate properties and vacation homes
Vehicles, jewelry, and personal belongings
Business interests and intellectual property
The key point is that ownership of these assets legally transfers from the deceased person to the new owners, creating both opportunities and responsibilities for beneficiaries.
The importance of planning cannot be overstated. Without proper planning, families often face unexpected financial hardship, lengthy court battles, and emotional stress during an already difficult time. A recent 2025 court case,Morden v. Niwranski, perfectly illustrates how disputes can tear families apart, especially when common-law partners are involved.
Overview of Canadian Inheritance Laws
Canadian inheritance laws vary by province, but they all follow similar basic principles. In Ontario, such laws aim to protect surviving spouses and children while respecting the deceased person’s wishes. However, these laws can create surprising outcomes for modern families.
Inheritance typically goes to people who had close relationships with the deceased. Ontario’s inheritance laws have specific rules about who qualifies as a “spouse” or “child,” which can surprise modern families with complex relationships.
Key features of Ontario’s inheritance system include:
Automatic rights for legally married spouses
Protection for minor children
Specific rules for common-law relationships
Court oversight of estate administration
Strict timelines for making claims
Unlike some countries, Canada doesn’t have a federal inheritance tax, but estates may face other financial obligations that affect how much beneficiaries receive.
Dying Without a Will
Intestate Succession
When someone dies without a will in Ontario, they die “intestate.” This triggers Ontario’s intestate succession laws, which follow a strict hierarchy to determine who inherits what. The Succession Law Reform Act sets out this order:
Surviving spouse receives the first $350,000 plus additional amounts based on family size
Children split the remaining estate equally
Parents inherit if there’s no spouse or children
Siblings receive the estate if the parents are deceased
Other relatives follow in a specific legal order
Important note: “Spouse” in Ontario means legally married partners only. Common-law partners, no matter how long they’ve lived together, have no automatic rights under intestate succession.
Legal Process and Implications
The intestate succession process in Ontario involves several critical steps that can take months or even years to complete:
Court Appointment: Someone must apply to become the estate trustee without a will (formerly called an executor or administrator). This person has the legal authority to manage the deceased’s assets and debts.
Asset Identification: All assets, debts, and financial obligations must be identified and valued. This includes bank accounts, real estate, investments, and personal property.
Creditor Claims: Outstanding debts must be paid before any distribution to the beneficiaries occurs. This can significantly reduce what beneficiaries actually receive.
Distribution Timeline: Ontario law requires specific waiting periods before assets can be distributed, protecting against unknown creditors or missing heirs.
The legal implications of dying intestate can be severe. Families may face unexpected tax bills, lengthy court processes, and outcomes that don’t reflect the deceased person’s actual wishes.
The Probate Process: Court Approval for Inheritance
Most inheritance situations require probate, which is Ontario’s legal process for validating wills and approving asset transfers. Here’s what happens:
Court Application: Someone applies to become the estate trustee (executor) either under a will or, if intestate, without a will
Will Validation: The court confirms the will is legally valid in cases where one exists
Asset Inventory: All assets and debts are identified and valued
Creditor Notice: Outstanding bills must be paid before distribution to the beneficiaries
Final Distribution: Beneficiaries receive their share according to the will or intestacy laws
Probate can take several months to years and involves court fees, which reduce the total amount beneficiaries actually receive.
Age Requirements for Inheritance in Ontario
Ontario has clear rules about when people can receive their inheritance:
Adults (18 and older): Can receive inheritance immediately after probate is complete and all legal requirements are met.
Minors (under 18): Cannot directly receive inheritance money or property. Instead, the inheritance goes into a legal trust managed by a trustee until the child turns 18. This protection ensures the money is properly managed during the child’s minority.
Special Circumstances: Some wills specify that beneficiaries must reach age 21 or 25 before receiving their full inheritance, even if Ontario law would normally allow distribution at 18.
Role of the Canada Pension Plan
The Canada Pension Plan provides important inheritance benefits that work differently from other assets. These benefits can significantly impact a surviving partner’s financial security.
Canda Pension Plan Survivor’s Pension: Available to both married spouses and common-law partners who meet specific criteria:
Must have lived together for at least one year
Provides monthly payments for life
The amount depends on the deceased’s Canada Pension Plan contributions
Can be combined with the survivor’s own Canada Pension Plan benefits
Canada Pension Plan Death Benefit: A one-time lump sum payment of up to $2,500 that helps cover funeral expenses. Canada Pension Plan death benefits go to the estate or the person who paid for the funeral, regardless of relationship status.
Canada Pension Plan Children’s Benefits: Monthly payments for dependent children under 18 (or up to 25 if attending school full-time). These benefits continue regardless of who has custody of the children.
The Pension Benefits Act
Ontario’s Pension Benefits Act governs how workplace pension plans handle inheritance, creating additional layers of protection for surviving partners.
Registered Pension Plans must follow specific rules:
Married spouses automatically receive survivor benefits unless they waive this right in writing
Common-law partners may qualify for survivor benefits if they meet the plan’s definition of spouse
Pension benefits typically bypass the estate and go directly to the surviving spouse
Locked-In Retirement Accounts (LIRAs) and Life Income Funds (LIFs) follow similar rules, ensuring pension money reaches the intended survivor rather than getting caught up in estate disputes.
Survivor Benefit Options vary by pension plan but typically include:
Immediate monthly payments for life
Reduced payments starting at a later age
Lump sum transfers to the survivor’s registered retirement account
Understanding these inheritance basics helps Ontario families make better estate planning decisions and avoid common pitfalls that lead to family conflicts and financial problems.
With that background introduction into an inheritance in Ontario, I want to discuss the special situation of Ontario inheritance law for common-law partners through a discussion of Giuseppe Lagana’s case in the recent Morden v. Niwranski court decision.
The Real Story Behind Ontario Inheritance Disputes
Giuseppe Lagana’s case perfectly illustrates how intestate succession can create family conflict. He sold his British Columbia home in March 2019 for $342,000 and moved to Ontario to start fresh with his new partner, Ingrid Niwranski. But when Giuseppe died in January 2021 without a will, that money became the centre of a bitter inheritance battle.
The question wasn’t simple: Who gets the $206,551 left in Giuseppe’s investment accounts? His estranged daughter, Amanda, or Ingrid, the woman he lived with for his final years?
This case reveals important truths about inheritance in Ontario that every family should understand.
Inheritance for Spouses and Common-Law Partners
Legal Rights and Considerations
The distinction between married spouses and common-law partners creates dramatically different inheritance outcomes in Ontario. Understanding these differences is crucial for anyone in a relationship.
Married Spouses enjoy comprehensive inheritance protection:
Automatic inheritance rights under intestate succession
Preferential right to apply as estate trustee
Protection against disinheritance through equalization claims
Spousal allowance during estate administration
Rights to the matrimonial home regardless of ownership
Common-Law Partners face significant inheritance challenges:
No automatic inheritance rights under Ontario’s Succession Law Reform Act
Cannot claim spousal support from the estate
No protection against being disinherited
Must prove their partner’s intention to leave them assets
Limited legal standing in estate disputes
The Morden v. Niwranski case shows how common-law partners can overcome these limitations through careful financial planning and clear documentation of their partner’s intentions.
Joint Accounts Can Override Inheritance Laws
Giuseppe and Ingrid opened joint investment accounts with “rights of survivorship.” This legal term means the surviving account holder automatically inherits the money, no matter what the inheritance laws say.
But courts don’t just accept joint accounts at face value. They want proof that the deceased person truly intended to give the money away.
The Legal Battle: Evidence vs. Family Ties
What Made This Inheritance Dispute Complex
The court had to answer a crucial question: Did Giuseppe really want Ingrid to inherit his money, or was she just holding it in trust for his estate?
Under Canadian inheritance law, there’s something called “presumption of resulting trust.” This means when someone puts another person’s name on their account, the law assumes they didn’t mean it as a gift—unless there’s strong evidence proving otherwise.
The Evidence That Won the Case
Ingrid didn’t just rely on the joint account paperwork. She brought compelling evidence:
Bank testimony: The financial planner who set up the accounts testified that Giuseppe was clear about wanting everything to go to Ingrid
Relationship proof: Giuseppe and Ingrid lived together as common-law spouses and referred to each other as husband and wife
Beneficiary designations: Giuseppe had already named Ingrid as beneficiary on his Registered Retirement Savings Plan (RRSP) and Tax Free Savings Account (TFSA)
Family estrangement: Giuseppe hadn’t spoken to his daughter Amanda since 2018
Why Amanda Lost the Inheritance Battle
Despite being Giuseppe’s biological daughter, Amanda couldn’t prove she deserved the inheritance. The court noted:
No communication with her father for years before his death
No financial support or gifts from Giuseppe in over a decade
Complete breakdown in their relationship
Lessons for Ontario Families
Don’t Assume Inheritance Rights
This case teaches us that inheritance isn’t just about blood relations. Ontario courts look at:
The deceased person’s clear intentions
The quality of family relationships
Proper legal documentation
Evidence of financial planning decisions
Protect Your Common-Law Relationship
If you’re in a common-law relationship in Ontario, take these steps:
Create joint accounts with rights of survivorship for shared assets
Update beneficiary forms on all registered investment accounts, insurance policies and don’t forget a registered retirement income fund
Write a will that clearly states your wishes
Keep good records of your financial decisions and conversations
Get Professional Help for Inheritance Disputes
Estate litigation battles are emotionally draining and legally complex. Professional estate trustees can help families navigate Ontario’s inheritance laws while protecting everyone’s interests.
Why This Ontario Morden v. Niwranski Case Matters
The Morden v. Niwranski decision shows that Ontario courts will look beyond family relationships to find the deceased person’s true intentions. Giuseppe’s clear actions—opening joint accounts, naming Ingrid as beneficiary, and living with her as his spouse—spoke louder than his biological connection to his daughter.
This ruling reminds us that proper estate planning protects the people we care about, not just those related by blood.
Common Questions About Ontario Inheritance Law
Q: Do common-law partners automatically inherit in Ontario? A: No. Only legally married spouses have automatic rights under Ontario law.
Q: Can joint accounts override a will? A: Yes, if properly set up with rights of survivorship, joint accounts pass directly to the surviving account holder.
Q: What happens if someone dies without a will in Ontario? A: Ontario’s intestacy laws determine who inherits, typically favouring married spouses and children over common-law partners.
Q: How can I protect my common-law partner’s inheritance rights? A: Create a will, use joint accounts with rights of survivorship, and update all beneficiary designations.
Professional Estate Administration in Ontario
At Ira Smith Trustee & Receiver Inc., we act as an independent court-appointed estate trustee under the business name Smith Estate Trustee Ontario. We’ve handled numerous estate disputes involving common-law partners, blended families, and complex estate situations. We serve as court-appointed estate trustees when families need independent, professional administration.
Whether you’re facing an estate dispute or want to protect your own family’s future, proper guidance makes all the difference. If you are facing a difficult estate administration in Ontario, contact us for a no-cost consultation.
Smith Estate Trustee Ontario provides professional estate administration services throughout Ontario. We specialize in complex estate disputes and court-appointed estate trustee services. Contact us for guidance on your specific estate situation.
Disclaimer: The information provided in this blog is intended for educational purposes only. It is not intended to constitute legal, financial, or professional advice. Readers are encouraged to seek professional advice regarding their specific situations. The content should not be relied upon as a substitute for professional guidance or consultation. The author, Ira Smith Trustee & Receiver Inc., and any contributors do not assume any liability for any loss or damage.
Are you drowning in debt and don’t know where to turn? You’re not alone. Millions of Canadians struggle with overwhelming debt every year. The good news is that consumer credit counseling can help you get back on track.
But here’s the problem: not all debt advice is created equal. Some companies claim to offer consumer credit counseling, but they might not have your best interests at heart. This guide will help you understand the difference between legitimate help and potentially harmful advice.
What Is Consumer Credit Counseling?
Consumer credit counseling is professional advice that helps you manage your debt and improve your financial situation. A good credit counselor will:
Review your complete financial distress picture
Explain all your debt relief options
Help you create a realistic budget
Provide ongoing support, education and the opportunity for follow-up sessions after the initial counseling session
Connect you with appropriate debt solutions
The keyword here is “professional.” Real consumer credit counseling comes from trained, licensed professionals who follow strict rules and ethics.
The Hidden Dangers of Unregulated Debt Advisors
Here’s something most people don’t know: anyone can call themselves a “debt advisor” or “credit counselor” in Canada. There are no special licenses required, no training standards, and no limits on what they can charge you.
The Office of the Superintendent of Bankruptcy (OSB) – the government body that oversees debt professionals – has raised serious concerns about this unregulated marketplace. They’ve identified several types of businesses that prey on people struggling with debt:
Debt Advisors: The Middlemen You Don’t Need
These are individuals who work at for profit companies that charge you money to help with bankruptcy or consumer proposals. They often:
Collect your personal information
Give you basic debt advice
Refer you to a Licensed Insolvency Trustee (LIT)
Charge you thousands of dollars for this “service”
The problem? You can go directly to an LIT for free. You don’t need to pay a middleman.
Lead Generators: Selling Your Information
Lead generators advertise debt relief services online and on social media. When you contact them, they sell your information to LITs for a fee. While they usually don’t charge you directly, they often mislead you about:
Who they are
What services do they provide
Your actual debt relief options
Red Flags: How to Spot Potentially Harmful Debt Advice
The OSB has identified several warning signs that should make you think twice about a debt advisor:
1. They Claim to Be Licensed When They’re Not
Some debt advisors lie and say they’re Licensed Insolvency Trustees or that they can file for bankruptcy for you. This is illegal and can result in criminal charges. Only LITs can legally administer bankruptcies and consumer proposals in Canada. A consumer proposal is the only one of the various debt management programs approved by the Canadian government. Since it is under the provisions of the Bankruptcy and Insolvency Act, you could say that it is the only government program debt solution.
2. They Want Money Upfront
Legitimate consumer credit counseling often starts with a free consultation. Be very suspicious of anyone who demands thousands of dollars upfront, especially if they claim this fee is required to access government debt programs.
3. They Promise Guaranteed Results
No legitimate professional can guarantee specific outcomes. Every person’s financial situation is different. Be wary of claims like:
“100% approval guaranteed”
“We can eliminate your debt in 6 months.”
“Settle your debts for pennies on the dollar.”
4. They Push One Solution
Real consumer credit counseling involves reviewing ALL your options. If someone immediately pushes you toward bankruptcy or a consumer proposal without thoroughly reviewing your situation, that’s a red flag.
5. They Want You to Borrow More Money
Never borrow additional money to pay for debt advice. This will only make your financial situation worse.
The Real Cost of Bad Advice
Working with unregulated debt advisors can hurt you in several ways:
Financial Harm
You pay for services you could get for free
You might pay for duplicate services
Hidden fees can add thousands to your debt
You might end up in worse financial shape
Missed Opportunities
You will not get unbiased financial education
You might not learn about all your debt relief options
You could choose the wrong solution for your situation
You might miss out on legitimate programs that could help
Legal Problems
Some debt advisors engage in illegal practices
You might unknowingly participate in fraudulent activities
Your legitimate creditors might not get accurate information about your finances
The International Problem: Lessons from Around the World
The problem with unregulated debt advisors isn’t unique to Canada. Similar issues exist worldwide:
In Singapore, unregulated “debt consultants” charge people $1,000 to $5,000 to help them apply for government debt relief programs. Many people pay these fees only to discover they don’t qualify for the programs. Some firms even encourage people to borrow more money just to pay their consulting fees.
The Singapore government is now proposing laws to make it illegal for these firms to solicit bankruptcy clients, while exempting regulated professionals like lawyers and accountants.
This shows why it’s so important to work only with regulated professionals for consumer credit counseling.
Licensed Insolvency Trustees: Your Best Choice for Consumer Credit Counseling
In Canada, Licensed Insolvency Trustees (LITs) are the gold standard for consumer credit counseling. Here’s why:
They’re Highly Regulated
LITs must:
Complete extensive education and training
Pass rigorous examinations
Maintain ongoing professional development
Follow a strict code of ethics
Submit to regular government oversight
They’re Required to Be Honest and Impartial
Unlike debt advisors who might have financial incentives to push certain solutions, LITs must:
Provide accurate, complete information
Act in your best interests
Remain independent from outside influences
Give you unbiased advice about all your options
They Offer Comprehensive Services
An LIT provides everything you need for consumer credit counseling:
Free initial consultation
Complete financial assessment
Explanation of all debt relief options
Administration of bankruptcy or consumer proposals if needed
Ongoing counseling and support
Regulated, transparent fees
You Can Hold Them Accountable
If you have problems with an LIT, you can file a complaint with the OSB. This government oversight ensures LITs maintain high professional standards.
Your Debt Relief Options: What Real Consumer Credit Counseling Covers
A qualified professional should explain all these options for relief to you:
Non-Insolvency Options
Debt Consolidation: A debt consolidation loan is a way of combining multiple debts into one payment, often with a lower interest rate.
Debt Management Plans: Working with creditors to reduce payments or interest rates.
Budgeting and Financial Planning: Learning to manage your money better to avoid future debt problems.
Negotiating with Creditors: Sometimes, you can work directly with creditors to reduce payments or settle debts.
Insolvency Options
Consumer Proposals: A legal arrangement where you pay back a portion of your debts over time.
Bankruptcy: A legal process that eliminates most debts but has serious long-term consequences.
How to Find Legitimate Consumer Credit Counseling
Follow these steps to ensure you get quality help:
1. Verify Credentials
Always ask if the person you’re talking to is a Licensed Insolvency Trustee. You can verify their license on the OSB website.
2. Start with a Free Consultation
Legitimate consumer credit counseling typically begins with a free, no-obligation consultation. Don’t pay money just to learn about your options.
3. Get Everything in Writing
Any legitimate professional will provide written information about:
Your options
Fees and costs
The process involved
Your rights and responsibilities
4. Ask Questions
A good counselor will welcome your questions and provide clear, understandable answers about:
All available options
The pros and cons of each option
What the process involves
What will it cost
How will it affect your credit
5. Take Time to Decide
Don’t let anyone pressure you into making an immediate decision. Legitimate professionals understand that these are important decisions that require careful consideration.
What to Expect from Quality Consumer Credit Counselling Services
When you work with a legitimate professional, here’s what should happen:
Initial Assessment
Your counselor will review:
Your income and expenses
All your debts and assets
Your financial goals
Your family situation
Education and Options Review
You’ll learn about:
How you got into debt
All available solutions
The consequences of each option
How to rebuild your credit
How to avoid future debt problems
Ongoing Support
Good consumer credit counseling includes:
Regular check-ins on your progress
Adjustments to your plan as needed
Additional education and resources
Support through challenging times
Protecting Yourself: A Checklist
Before working with any debt advisor, ask yourself:
Are they a Licensed Insolvency Trustee?
Are they affiliated with a non-profit credit counselling organization?
Do they offer a free initial consultation?
Have they explained ALL my debt relief options?
Are their fees transparent and regulated?
Do they want money up front before providing services?
Are they pressuring me to make a quick decision?
Do they guarantee specific results?
Can I verify their credentials and reputation?
If you answer “no” to any of the first four questions, or “yes” to any of the last four, consider looking elsewhere for help.
When to Seek Consumer Credit Counseling
Consider getting professional help if you’re experiencing:
Difficulty making minimum payments on your debts
Using credit cards to pay for necessities
Only making minimum payments on credit cards
Considering bankruptcy
Feeling overwhelmed by your financial situation
Receiving calls from collection agencies
Having your wages garnished
Facing foreclosure or repossession
The sooner you seek help, the more options you’ll likely have.
The Bottom Line: Choose Wisely
Consumer credit counseling can be a lifeline when you’re struggling with debt; whether it secured or unsecured debt. But choosing the right money management help is crucial. Unregulated debt advisors can make your situation worse and cost you thousands of dollars you don’t have.
Licensed Insolvency Trustees offer the most comprehensive, reliable consumer credit counseling in Canada. They’re required by law to act in your best interests, provide complete information about all your options, and charge regulated fees.
Don’t let desperation drive you into the arms of unscrupulous debt advisors. Take the time to research your options and choose a regulated professional who can provide the quality consumer credit counseling you deserve.
Take Action Today
If you’re struggling with debt, don’t wait. The longer you wait, the fewer options you might have. Contact a Licensed Insolvency Trustee today for a free consultation.
At Ira Smith Trustee & Receiver Inc., we’ve helped thousands of Canadians overcome their debt challenges starting with honest, professional consumer credit counseling. We’ll review your complete financial situation, explain all your options, and help you choose the best path forward.
Remember: you don’t need to pay someone to access professional help. Real consumer credit counseling starts with a free consultation and continues with transparent, regulated services designed to get you back on your financial feet.
You’re not alone in this. There’s a path forward, and it starts with reaching out for the right kind of help. Take that step—you deserve it. If you’re a GTA resident dealing with overwhelming debt, don’t wait for your credit situation to get worse. As a licensed insolvency trustee serving Toronto, Mississauga, Brampton, Markham, and surrounding areas, I’m here to help you understand your options.
Free consultation available:
No obligation to proceed
Complete review of your debt and credit situation
Clear explanation of how debt solutions affect your credit score
Practical next steps you can take immediately
Remember: Your current financial situation doesn’t define your future. With the right help and information, you can overcome both debt challenges and credit score problems.
As a licensed insolvency trustee serving the Greater Toronto Area, I encourage consumers and business owners to view financial difficulties not as failures but as challenges that can be addressed with proper guidance. By understanding the warning signs of insolvency and seeking professional advice early, many people and businesses can find a path forward – whether through restructuring, strategic changes, or in some cases, an orderly wind-down that protects their future opportunities.
Remember: The earlier you seek help for company insolvency concerns, the more options you’ll have.
If you or someone you know is struggling with too much debt, remember that the financial restructuring process, while complex, offers viable solutions with the right guidance. As a licensed insolvency trustee serving the Greater Toronto Area, I help entrepreneurs understand their options and find a path forward during financial challenges.
At the Ira Smith Team, we understand the financial and emotional components of debt struggles. We’ve seen how traditional approaches often fall short in today’s economic environment, so we focus on modern debt relief options that can help you avoid bankruptcy while still achieving financial freedom.
The stress of financial challenges can be overwhelming. We take the time to understand your unique situation and develop customized strategies that address both your financial needs and emotional well-being. There’s no “one-size-fits-all” approach here—your financial solution should be as unique as the challenges you’re facing.
Your financial future is too important to leave to chance. Choose regulated, professional consumer credit counseling and take the first step toward financial freedom today.
If any of this sounds familiar and you’re serious about finding a solution, reach out to the Ira Smith Trustee & Receiver Inc. team today for a free consultation. We’re committed to helping you or your company get back on the road to healthy, stress-free operations and recover from financial difficulties. Starting Over, Starting Now.
The information provided in this blog is intended for educational purposes only. It is not intended to constitute legal, financial, or professional advice. Readers are encouraged to seek professional advice regarding their specific situations. The content should not be relied upon as a substitute for professional guidance or consultation. The author, Ira Smith Trustee & Receiver Inc., and any contributors do not assume any liability for any loss or damage.
As a Licensed Insolvency Trustee firm serving the Greater Toronto Area for over 20 years, we’ve seen Canadian businesses go through many ups and downs. Right now, we’re facing some tough times that remind me of the beginning of the 2008-2009 financial crisis. But there’s more to the story than just bad news.
Let me share what I’m seeing on the ground and what it means for owners of Canadian businesses like yours.
Overview of the Canadian Business Environment
The Canadian business landscape in 2025 is complex. While some large corporations are doing well, many small and medium Canadian businesses are struggling. This creates a two-speed economy depending on company size, which affects different sectors in different ways.
Current Economic Indicators
Recent data from Statistics Canada shows mixed signals for Canadian businesses:
Corporate profits rose by $4.2 billion in Q1 2025
The Canadian Small Business Health Index dropped to 99.3
Canadian businesses’ delinquencies are at their highest since 2009
Credit demand from businesses has slowed significantly
These numbers tell us that while big companies might be profitable, smaller Canadian businesses are having a harder time. This gap is important because small businesses employ millions of Canadians and drive local economies.
Regional Differences Across Canada
Not all provinces are experiencing the same challenges. Ontario and British Columbia are seeing the biggest increases in Canadian businesses‘ financial stress:
Ontario business arrears have jumped by 19%
British Columbia business debt has risen by 20%
The Prairie provinces and Atlantic Canada are facing their unique challenges
These regional differences matter because they show how national policies and global events affect different areas of Canada in unique ways.
Key Economic Drivers
Several factors are shaping the Canadian business environment:
Energy Sector Impact: Canada’s energy sector continues to influence the overall economy, though renewable energy investments are growing.
Technology Adoption: Canadian businesses that adapted to digital tools during COVID-19 are generally performing better than those that didn’t.
Supply Chain Resilience: Companies with diversified supply chains are handling current challenges better than those dependent on single sources.
Challenges in the Canadian Business Landscape
Canadian businesses face several major challenges right now. Understanding these helps explain why so many companies are struggling with their finances.
Rising Business Delinquencies
The numbers are concerning. Canadian businesses’ delinquencies have reached levels not seen since the 2009 financial crisis. This means more companies are falling behind on their payments to suppliers, landlords, and lenders.
What does this mean for you as a business owner?
Cash flow problems become more common
It’s harder to get credit when you need it
Suppliers may demand payment up front
Your customers might pay you later (or not at all)
Impact of Trade Tensions
The ongoing trade dispute with the United States is hitting our interconnected trade relationship with the USA and, therefore, Canadian businesses hard. When politicians in Washington announce new tariffs or trade policies requiring a new agreement on trade, it affects your business here in Canada.
Supply Chain Disruptions: Products you need might be delayed or cost more. One business owner told me, “I never thought a tweet could shut down my supplies.”
Increased Costs: Tariffs make imported goods more expensive, which squeezes your profit margins.
Uncertainty: It’s hard to plan for the future when trade rules keep changing.
Customer Impact: Higher costs often mean higher prices, which can drive away customers.
Credit Market Tightening
Banks and other lenders are being more careful about who they lend money to. This creates a problem for Canadian businesses that need financing to grow or even survive.
Signs of credit tightening include:
Longer approval times for business loans
Higher interest rates
More paperwork and requirements
Smaller loan amounts are being approved
Regulatory and Tax Pressures
Many business owners feel overwhelmed by government regulations and taxes. While some rules protect workers and consumers, they can also make it harder to run profitable Canadian businesses.
Common regulatory challenges include:
Complex tax requirements
Employment standards compliance
Environmental regulations
Industry-specific rules and licensing
Lingering Effects of COVID-19
The pandemic changed how we do business, and some of those changes are still causing problems. Many Canadian businesses are still dealing with:
Higher operating costs
Changed customer behaviours
Staffing shortages
Debt taken on during lockdowns
Opportunities for Canadian Business Growth Strategies and Expansion
Despite the challenges, there are real opportunities for Canadian businesses that position themselves correctly. Smart business owners who are innovative leaders are finding ways to succeed even in tough times.
Digital Transformation Advantages
Canadian businesses that embrace technology are often doing better than those that don’t. The pandemic forced many companies to go digital, and those that did it well are seeing benefits.
Digital opportunities include:
E-commerce Growth: Online sales continue to grow, even as physical stores struggle.
Remote Work Benefits: Companies can hire talent from anywhere and reduce office costs.
Automation Savings: Technology can reduce labour costs and improve efficiency.
Better Customer Data: Digital tools help you understand your customers better.
Market Consolidation Opportunities
When times are tough, weaker competitors often exit the market. This creates opportunities for stronger Canadian businesses to:
Acquire competitors at lower prices
Hire experienced employees from failing companies
Take over market share from Canadian businesses that close
Negotiate better deals with suppliers
Government Support Programs
Various levels of government offer support programs for Canadian businesses. These can provide crucial help during difficult times:
Federal Programs:
Canada Emergency Business Account (CEBA) extension
Export development funding
Innovation grants and tax credits
Provincial Programs:
Ontario Small Business Support Grant
British Columbia Recovery Grant programs
Industry-specific support initiatives
Municipal Programs:
Property tax deferrals
Local development incentives
Small business support funds
Sector-Specific Growth Areas
Some industries are growing despite overall economic challenges:
Healthcare and Senior Services: Canada’s aging population creates opportunities in healthcare, home care, and senior services.
Green Technology: Government commitments to climate goals mean funding and opportunities for clean technology businesses.
Professional Services: As Canadian businesses face complex challenges, there’s a growing demand for legal, accounting, and consulting services.
Essential Services: Canadian businesses that provide necessities often remain stable during economic downturns.
When Canadian Business Financial Challenges Become Too Much
Sometimes, despite best efforts, Canadian businesses face financial problems that seem impossible to solve. This is where my expertise as a Licensed Insolvency Trustee becomes valuable.
Warning Signs to Watch For
If your business shows these signs, it’s time to get professional help:
Consistently late on payments to suppliers
Difficulty making payroll
Maxed out credit lines
Receiving demand letters or legal notices
Customers are complaining about delayed orders
Losing key employees due to unpaid wages
How Professional Help Can Make a Difference
As a Licensed Insolvency Trustee, I help Canadian businesses and their owners navigate financial difficulties. My services include:
Business Restructuring: Sometimes, a business can be saved with the right restructuring plan. This might involve negotiating with creditors, reorganizing operations, or finding new financing.
Asset Sales: If a business can’t continue, I can help maximize the value of its assets through organized sales processes.
Personal Insolvency Solutions: When business debts affect personal finances, I provide options like consumer proposals or personal bankruptcy to give owners a fresh start.
Creditor Negotiations: I work with creditors to find solutions that work for everyone involved.
Advisory Services: I provide actionable advice to develop a roadmap for you to follow, where there is a way for company management to carry out a self-help restructuring without resorting to a formal insolvency process.
The Importance of Acting Early
The earlier you seek help, the more options you have. Many business owners wait too long, thinking things will improve on their own. While optimism is important, it’s also crucial to be realistic about your situation.
Early intervention can:
Preserve more of your business value
Protect your personal assets
Maintain relationships with key employees and customers
Provide more restructuring options
Looking Forward: What Canadian Business Owners Should Do
The current environment is challenging, but it’s not hopeless. Here’s my advice for Canadian business owners:
Focus on Cash Flow Management
Cash flow is the lifeblood of Canadian businesses. In tough times, it becomes even more critical:
Monitor your cash flow weekly, not monthly
Speed up collections from customers
Negotiate better payment terms with suppliers
Keep detailed records of all financial transactions
Build Strong Professional Relationships
Having the right advisors can make all the difference:
Work with an experienced accountant
Maintain relationships with multiple lenders
Know when to consult with legal counsel to solve pressing legal issues
The business environment is changing rapidly. Stay informed about:
Government service support programs
Industry trends and opportunities
Regulatory changes that affect your business
Economic indicators that impact your sector
Plan for Multiple Scenarios
Don’t just plan for success – plan for different possibilities:
Best case: How will you handle rapid growth?
Worst case: What will you do if revenue drops significantly?
Most likely case: What’s your realistic path forward?
Canadian Businesses Conclusion
The Canadian business environment in 2025 presents both significant challenges and real opportunities. While business delinquencies are rising and credit markets are tightening, there are still paths to success for well-managed companies.
The key is to stay informed, act decisively, and seek professional help when needed. Whether you’re looking to grow your business or navigate financial difficulties, having the right support makes all the difference.
As someone who has helped many Canadian businesses and business owners, I’ve seen companies survive and thrive even in the toughest times. The businesses that succeed are those that face reality honestly, adapt quickly, and aren’t afraid to ask for help when they need it.
If your business is facing financial challenges, don’t wait until it’s too late. Early intervention provides more options and better outcomes. Contact Ira Smith Trustee & Receiver Inc. today to discuss your situation confidentially and explore your options.
You’re not alone in this. There’s a path forward, and it starts with reaching out for the right kind of help. Take that step—you deserve it. If you’re a GTA resident dealing with overwhelming debt, don’t wait for your credit situation to get worse. As a licensed insolvency trustee serving Toronto, Mississauga, Brampton, Markham, and surrounding areas, I’m here to help you understand your options.
Free consultation available:
No obligation to proceed
Complete review of your Canadian business debt and credit situation
Practical next steps you can take immediately
Remember: Your current financial situation doesn’t define your future. With the right help and information, you can overcome both debt challenges and credit score problems.
As a licensed insolvency trustee serving the Greater Toronto Area, I encourage consumers and business owners to view financial difficulties not as failures but as challenges that can be addressed with proper guidance. By understanding the warning signs of insolvency and seeking professional advice early, many people and businesses can find a path forward – whether through restructuring, strategic changes, or in some cases, an orderly wind-down that protects their future opportunities.
Remember: The earlier you seek help for company insolvency concerns, the more options you’ll have.
If you or someone you know is struggling with too much debt, remember that the financial restructuring process, while complex, offers viable solutions with the right guidance. As a licensed insolvency trustee serving the Greater Toronto Area, I help Canadian entrepreneurs with understand their options and find a path forward during financial challenges.
At the Ira Smith Team, we understand the financial and emotional components of debt struggles. We’ve seen how traditional approaches often fall short in today’s economic environment, so we focus on modern debt relief options that can help you avoid bankruptcy while still achieving financial freedom.
The stress of financial challenges can be overwhelming. We take the time to understand your unique situation and develop customized strategies that address both your financial needs and emotional well-being. There’s no “one-size-fits-all” approach here—your financial solution should be as unique as the challenges you’re facing.
If any of this sounds familiar and you’re serious about finding a solution, reach out to the Ira Smith Trustee & Receiver Inc. team today for a free consultation. We’re committed to helping you or your Canadian company get back on the road to healthy, stress-free operations and recover from financial difficulties. Starting Over, Starting Now.
The information provided in this blog is intended for educational purposes only. It is not intended to constitute legal, financial, or professional advice. Readers are encouraged to seek professional advice regarding their specific situations. The content should not be relied upon as a substitute for professional guidance or consultation. The author, Ira Smith Trustee & Receiver Inc., and any contributors do not assume any liability for any loss or damage.
It has recently been reported in the Canadian media that Canadians living in the GTA, including Vaughan, Markham, Toronto, Mississauga and York Region are now falling behind in both mortgage payments and other debt payments, including credit cards. If you’re losing sleep over credit cards debt and wondering if another cup of coffee can fix insolvency, you’re in good company. Let me tell you about one potential client who decided to pay down her debt by selling everything but the kitchen sink (that story ends with a suspiciously clean living room and a little more dignity than she expected).
Credit cards debt isn’t just numbers—it’s late-night stress, broken sleep, and more apologizing to your barista than you’d like. But if you’re buried in statements, you need more than the usual advice you’ve heard a dozen times. In this Brandon’s Blog, I’m being real to give you some breathing room.
Before we dive into solutions, let’s be clear on what we’re dealing with. Credit cards debt isn’t just those numbers on your monthly statement—it’s a financial reality that affects millions of Canadians every day.
Definition and Basics
Credit cards debt occurs when you carry a balance from month to month instead of paying off your entire statement balance. Here’s how it works: when you make purchases with your credit card and don’t pay the entire balance by the due date, the remaining amount becomes debt. The credit card company then charges interest on this balance, and if you only make minimum payments, that interest compounds monthly.
In Canada, the average credit card interest rate sits around 19-29% annually. That means if you owe $5,000 and only make minimum payments, you could end up paying thousands more in interest over time. The math is brutal, but understanding it is your first step toward taking control.
Impact on Credit Score
Your credit cards debt directly affects your credit score in several ways. Payment history makes up 35% of your credit score—the biggest factor. Missing payments or making late payments can drop your score significantly. But there’s another sneaky factor: credit utilization.
Credit utilization is how much of your available credit you’re using. If you have a $10,000 limit and owe $7,000, you’re using 70% of your available credit. Experts recommend keeping this below 30%, ideally under 10%. High utilization signals to lenders that you might be financially stretched, which can hurt your score even if you’re making payments on time.
A damaged credit score doesn’t just affect future credit cards—it can impact your ability to get a mortgage, car loan, or even rent an apartment. Some employers and insurance companies also check credit scores.
Legal Consequences: Wage Garnishment and Account Levies
Here’s where things get serious. If you stop making payments entirely, credit card companies won’t just send stern letters forever. In Canada, they can take legal action to collect what you owe.
After several months of non-payment, your account typically gets sent to collections. If collection efforts fail, the creditor can sue you for the debt. If they win (which they usually do), they can obtain a court judgment. With this judgment, they can:
Garnish your wages: In Ontario, creditors can take up to 20% of your gross wages directly from your paycheck
Freeze your bank accounts: They can obtain a court order to freeze funds in your bank accounts
Place liens on property: In some cases, they can put a lien on your home or other assets
The good news? There are legal protections and exemptions. Certain types of income, like social assistance, employment insurance, and pensions, have some protection from garnishment. But don’t wait for it to get this far—there are always better options.
Causes of Credit Cards Debt
Understanding how you got here is crucial for making sure it doesn’t happen again. Let’s break down the main culprits behind credit card debt in Canada.
High Annual Percentage Rates (APR)
Canadian credit card interest rates are among the highest forms of consumer debt. While mortgage rates might be around 5-7%, credit cards typically charge 19-29% annually. Some store cards and cash advance rates can be even higher.
Here’s the kicker: credit card companies make most of their money from interest, not annual fees. They’re betting that you’ll carry a balance, and those high rates ensure they profit handsomely when you do. Even if you think you’ll pay it off quickly, life has a way of getting in the way.
Only Paying the Minimum
This is the credit card company’s favourite scenario. Minimum payments are typically calculated as a small percentage of your balance, often just 2-3%. On a $5,000 balance with a 20% interest rate, your minimum payment might be only $100.
But here’s the trap: most of that payment goes toward interest, not principal. You might pay $80 in interest and only $20 toward your actual debt. At this rate, it would take over 30 years to pay off that $5,000, and you’d pay more than $11,000 in total. The credit card companies designed it this way.
Poor Money Management
Let’s be honest,, without being judgmental, many Canadians never learned proper money management skills. Schools, until very recently, didn’t teach budgeting, and many families don’t discuss finances openly. You’re not alone if you’re figuring this out as you go.
Poor money management often looks like:
Not tracking spending or having a budget
Using credit cards for regular expenses without a payoff plan
Not understanding how interest compounds
Making financial decisions based on emotions rather than facts
Treating available credit as available money
The good news? These are all learnable skills, and it’s never too late to start.
Unexpected Expenses
Sometimes credit card debt isn’t about poor planning—it’s about life throwing you curveballs. Car repairs, medical expenses, job loss, or family emergencies can force you to rely on credit cards for survival.
In Canada, many people don’t have adequate emergency savings. Statistics show that nearly half of Canadians are within $200 of not being able to pay their bills each month. When unexpected expenses hit, credit cards become the only option. While this might be necessary in the moment, it can quickly spiral into long-term debt problems.
credit cards debt
Consequences of Credit Cards Debt
The impact of credit cards debt goes far beyond just owing money. It affects your entire financial life and, frankly, your overall well-being.
Financial Implications
The most obvious consequence is the financial cost. High interest rates mean you’re paying much more than the original purchase price. But the financial implications go deeper:
Opportunity Cost: Every dollar you pay in credit card interest is a dollar you can’t save, invest, or spend on things you need. If you’re paying $200 monthly in credit card interest, that’s $2,400 per year that could have gone toward building an emergency fund or saving for a down payment.
Reduced Borrowing Power: High credit card balances hurt your debt-to-income ratio, making it harder to qualify for mortgages, car loans, or other credit. Even if you do qualify, you might face higher interest rates because you’re seen as a higher risk.
Limited Financial Flexibility: When a large portion of your income goes to debt payments, you have less room to handle life’s ups and downs. A minor emergency can become a major crisis when you’re already stretched thin.
Compound Effect: Credit card debt can create a vicious cycle. High balances lead to high minimum payments, leaving less money for other expenses, which can lead to more credit card use, which increases balances and minimum payments.
Psychological and Physiological Impacts
Here’s what the financial industry doesn’t always talk about: debt stress is real, and it affects your health in measurable ways.
Mental Health Effects: Persistent worry about money can lead to anxiety and depression. Many Canadians report losing sleep over their finances. The constant stress of juggling payments, avoiding calls from creditors, and feeling trapped can take a serious toll on mental health.
Physical Health Impacts: Chronic financial stress doesn’t just stay in your head. It can cause:
Headaches and muscle tension
Digestive problems
High blood pressure
Weakened immune system
Sleep disorders
Relationship Strain: Money problems are one of the leading causes of relationship conflicts and divorce in Canada. The stress of debt can affect how you interact with family and friends. Some people become withdrawn, while others become irritable or defensive about spending.
Self-Worth Issues: Many people tie their financial situation to their worth. Debt can lead to feelings of shame, failure, or inadequacy. This emotional burden can make it even harder to take the practical steps needed to address the debt.
Decision Fatigue: Constantly worrying about money and making difficult financial choices can exhaust your mental energy. This can lead to poor decision-making in other areas of life, creating a cycle where stress leads to more problems.
The important thing to remember is that these impacts are real and valid, but they’re also temporary. As you work toward solving your debt problems, you’ll likely notice improvements in these areas too. Your mental and physical health matter just as much as your financial health—they’re all connected.
Credit Cards Debt Confessions from Rock Bottom: Facing the Debt Monster
If you’re staring at your credit card statements, feeling like you’re drowning in debt with no cash in sight, you’re not alone. Canadians everywhere are feeling the squeeze—rising living costs, job uncertainty, and hefty mortgages and car loans have pushed many to the edge. The stress is real, and sleepless nights are a common occurrence. But here’s the truth: the first step out of this mess is financial honesty—with a healthy dose of tough love.
“Being honest with yourself is the bravest first step out of a debt spiral.” — Lesley-Anne Scorgie
Step One: Brutal Honesty About Your Debt
Before you can build any debt management strategy, you need a clear picture of where you stand. Grab whatever works—a spreadsheet, a napkin, your phone—and list every credit card balance, interest rate, and minimum payment. No skipping, no sugarcoating. This is your financial reality check. Research shows that self-assessment and goal-setting are the cornerstones of effective financial planning.
List all debts (credit cards, loans, lines of credit)
Record each interest rate, especially the high ones
Note when the minimum payments are due
High-interest credit card debt can quietly drain your finances the fastest. Identifying which card is costing you the most is key—this is where your focus should go first.
Step Two: Ditch the Self-Blame, Start Planning
It’s easy to spiral into guilt or shame, but that won’t help you pay off a single dollar. Instead, channel that energy into actionable planning. Canadians’ confidence in repaying credit cards debt is slowly rising—45% now expect it will take six months or more to get out from under, down from 51% last year. That’s progress, and it starts with a plan.
Step Three: Pause All Non-Essential Spending
This is the tough part. Cutting out non-essential spending feels scary, but it’s a game-changer. Cancel subscriptions, skip takeout, and avoid impulse buys. Every dollar you save can go toward your minimum payments. Even small changes add up fast. If you’re worried about missing out, remember: this is temporary, and it pays off in the long run.
Step Four: Use Every Tool—Even Your Tax Refund
Over 70% of Canadians receive a tax refund. If you’re one of them, put that money straight toward your highest-interest debt. It’s a quick way to make a dent and boost your momentum. Research indicates that even a small windfall can help you break the cycle of minimum payments and mounting interest rates.
Real Talk: Stress Is Normal, But Action Is Powerful
Stress and sleeplessness are natural side effects of financial strain. Don’t beat yourself up. Instead, focus on what you can control: honest self-assessment, a clear debt management strategy, and a commitment to trimming expenses. Facing your debt monster head-on is tough, but it’s the only way forward. And remember, if you need help, there are professionals and programs ready to support you.
credit cards debt
The Great Cash Hunt: Squeezing Pennies From Stone (and Facebook)
If you’re a Canadian consumer worried about your credit cards debt and wondering where on earth you’ll find extra income, you’re not alone. The good news? There are more ways to squeeze cash from your current situation than you might think—even if it feels like you’re wringing water from a stone.
Unconventional Ways to Boost Cash Flow
Let’s get creative. Research shows that Canadian debt advice often starts with side hustles and decluttering. Have you considered picking up extra shifts at work or dusting off an old side hustle? Babysitting, dog walking, house cleaning, or even personal training can add up quickly. And don’t forget about that tax refund—over 70% of Canadians are owed money by the CRA. Even if you’re late, file those taxes! That refund could be the cash lifeline you need.
Extra shifts: Ask your employer for overtime or additional hours
Side hustles: Babysitting, dog walking, or cleaning for neighbours
Late tax filing: Don’t skip it—your tax refund might surprise you
Collect owed money: Follow up on bonuses or debts friends still owe you
Declutter With Abandon
Here’s where things get interesting. If it’s collecting dust, it’s potential debt relief. Look around: that old bike, the bread maker you never use, or the stack of video games from 2012. Platforms like Kijiji and Facebook Marketplace are full of buyers. This potential client sold a rare ’90s bike for double what she paid—sometimes nostalgia pays off in real cash.
“Every forgotten gadget or outgrown coat is a tiny step out of debt.” — Lesley-Anne Scorgie
Don’t underestimate the power of decluttering. Not only does it free up space, but it can also give you a quick cash injection. Research indicates that selling possessions is one of the most common ways Canadians improve cash flow in a pinch.
Strategic Cuts: Kill Non-Essential Spending
Now’s the time to go full-on military with your budget. Cancel unused subscriptions and memberships. Grocery shop with a plan—no more wandering the aisles and tossing random snacks into your cart. Buy only what you need, and aim for zero food waste. If you’re renting or leasing, avoid renewing unless it’s necessary. Every dollar saved is a dollar that can go toward your debt.
Subscriptions: Cut anything you don’t use weekly
Groceries: Shop with a list, buy in bulk, and cook at home
No new leases: Hold off on new car or apartment leases if you can
Remember, cutting recurring costs is more powerful than chasing random coupons. The goal is to redirect every spare dollar toward lowering your credit cards debt. As you chip away at your balances, you’ll start to see progress—and that’s the best motivation of all.
Avalanche, Not Snowball: Smarter Ways to Attack Credit Cards Debt
If you’re staring at a stack of credit card bills and feeling like you’re drowning, you’re not alone. Canadians everywhere are facing the same uphill battle, especially as interest rates stay higher and the cost of living squeezes every last dollar. But there’s a smarter way to dig out—one that doesn’t just chip away at your debt, but helps you save on interest and get ahead faster: the Avalanche Method.
Here’s the real talk: you must always make your minimum payments on every card. That’s non-negotiable. But if you can scrape together even a little extra, whether from a side gig, selling unused stuff, or cutting back on spending, throw every spare dollar at the card with the highest interest rate. That’s your financial enemy number one. This is the heart of the Avalanche Method, and it’s proven to save you more money than the popular “snowball” approach, which focuses on the smallest balance first.
Why does this work? Because interest rates on credit cards debt are brutal. By targeting the highest-rate balance, you slow the snowballing effect of compounding interest. Research shows that Canadians who stick to the Avalanche Method and stay ruthless about not adding new debt can see real progress in as little as 90 days. As Lesley-Anne Scorgie puts it:
“The avalanche method only works if you avoid new debt while attacking existing balances.”
That’s the catch. You have to be relentless. No new purchases, no “just this once” exceptions. If you’re serious about getting out of credit card chaos, every dollar counts—and every new charge sets you back.
But what if you’re still falling behind, even after cutting expenses and boosting your income? Don’t panic. This is when you pick up the phone and call your credit card companies. It might feel intimidating, but remember: they want to get paid. Explain your situation honestly and ask about options like:
Lowering your interest rates
Waiving late or over-limit fees
Setting up a hardship plan
Sometimes, just asking is enough to get a break. And if you hear about debt consolidation or balance transfer offers, listen up. These strategies let you combine your debts—possibly even other loans—into a single payment with a lower interest rate. That means more of your money goes toward the principal, not just the interest. But be careful: applying for too many new credit products can ding your score, and missed payments might make it tough to qualify for the best rates.
If you’re stuck, consider a Debt Management Plan (DMP) through a non-profit credit counselling agency. Research indicates that DMPs can slash your interest rates—sometimes down to zero—and help you pay off debt faster. It’s not a magic fix, but it’s a lifeline for many Canadians feeling overwhelmed by credit card chaos.
Bottom line? The Avalanche Method, paired with honest communication and smart debt management strategies, gives you the best shot at breaking free from high-interest debt. Stay focused, stay ruthless, and remember: you’re not alone in this fight.
credit cards debt
Last Stop: When DIY Doesn’t Cut It, Call the Credit Cards Debt Pros
Let’s be real—sometimes, no matter how hard you hustle, cut back, or negotiate, your debt just won’t budge. If you’ve spent 90 days throwing everything you’ve got at your credit cards debt and you’re still underwater, it’s time to consider a different approach. Don’t wait for disaster to strike. This is the moment to reach out for professional debt relief—and there’s no shame in that.
Here’s the truth: Licensed insolvency trustees are the debt pros. We’re not here to judge you or scold you for past mistakes. Instead, we offer expert, practical help tailored for Canadians facing tough financial realities. Research shows that specialized support from credit counselling agencies and insolvency trustees can make a world of difference when self-guided strategies just aren’t enough. They’ll walk you through your options, including the possibility of an Ontario consumer proposal—a formal arrangement that lets you pay back a portion of what you owe, and stopping those relentless collection calls in their tracks.
What’s a consumer proposal, exactly? Think of it as a structured alternative to bankruptcy, designed specifically for Canadians who need a lifeline. With a consumer proposal, you work with a licensed insolvency trustee to negotiate a manageable repayment plan with your creditors. This can mean lower monthly payments, frozen interest, and—best of all—peace of mind. It’s not a magic wand, but it’s a real, legal solution that can help you rebuild without the crushing stigma of bankruptcy.
Maybe you’re considering borrowing from family or friends to get by. If you go down this road, treat it like a real loan. Write out an agreement, set a clear repayment schedule, and stick to it. This isn’t just about protecting your relationships—it’s about building trust and accountability as you work toward debt relief.
One thing to keep in mind: if you’ve tried for a consolidation loan and been turned down, don’t keep reapplying in a panic. Each application can ding your credit score, making things even harder. Instead, focus on making progress for a few months, then try again if your situation improves.
Most importantly, know this: asking for expert help isn’t failure—it’s financial self-defence. As Lesley-Anne Scorgie puts it:
“Asking for expert help isn’t failure—it’s financial self-defence.”
So, if you’ve given it your all for 90 days and you’re still stuck, don’t let shame or fear hold you back. Connect with a licensed insolvency trustee or a reputable credit counselling agency. They’ll help you explore every option, from consumer proposals to debt management plans, and guide you toward a future where your money—and your life—are back under your control.
Credit Cards Debt: Conclusion
You’re not alone in this. There’s a path forward, and it starts with reaching out for the right kind of help. Take that step—you deserve it. If you’re a GTA resident dealing with overwhelming debt, don’t wait for your credit situation to get worse. As a licensed insolvency trustee serving Toronto, Mississauga, Brampton, Markham, and surrounding areas, I’m here to help you understand your options.
Remember: Your current financial situation doesn’t define your future. With the right help and information, you can overcome both debt challenges and credit score problems.
As a licensed insolvency trustee serving the Greater Toronto Area, I encourage consumers and business owners to view financial difficulties not as failures but as challenges that can be addressed with proper guidance. By understanding the warning signs of insolvency and seeking professional advice early, many people and businesses can find a path forward – whether through restructuring, strategic changes, or in some cases, an orderly wind-down that protects their future opportunities.
Remember: The earlier you seek help for company insolvency concerns, the more options you’ll have.
If you or someone you know is struggling with too much debt, remember that the financial restructuring process, while complex, offers viable solutions with the right guidance. As a licensed insolvency trustee serving the Greater Toronto Area, I help entrepreneurs understand their options and find a path forward during financial challenges.
At the Ira Smith Team, we understand the financial and emotional components of debt struggles. We’ve seen how traditional approaches often fall short in today’s economic environment, so we focus on modern debt relief options that can help you avoid bankruptcy while still achieving financial freedom.
The stress of financial challenges can be overwhelming. We take the time to understand your unique situation and develop customized strategies that address both your financial needs and emotional well-being. There’s no “one-size-fits-all” approach here—your financial solution should be as unique as the challenges you’re facing.
If any of this sounds familiar and you’re serious about finding a solution, reach out to the Ira Smith Trustee & Receiver Inc. team today for a free consultation. We’re committed to helping you or your company get back on the road to healthy, stress-free operations and recover from financial difficulties. Starting Over, Starting Now.
The information provided in this blog is intended for educational purposes only. It is not intended to constitute legal, financial, or professional advice. Readers are encouraged to seek professional advice regarding their specific situations. The content should not be relied upon as a substitute for professional guidance or consultation. The author, Ira Smith Trustee & Receiver Inc., and any contributors do not assume any liability for any loss or damage.
Are you struggling with debt in Toronto, Vaughan, Newmarket, Mississauga, or anywhere else in the Greater Toronto Area? Your Equifax credit score might be telling a story you didn’t expect. As a licensed insolvency trustee serving the GTA, I’ve seen how credit score surprises can impact families when they need financial help most.
What is an Equifax Credit Score?
Your Equifax credit score is a three-digit number between 300 and 900 that represents your creditworthiness to Canadian lenders. Think of it as your financial report card—it tells banks, credit card companies, and other lenders how likely you are to pay back money you borrow.
Why Equifax Canada matters:
One of the two major credit bureaus (along with TransUnion)
Used by most major Canadian banks and lenders
Influences your ability to get mortgages, car loans, and credit cards
800-900 (Excellent): You’ll get the best rates and terms
720-799 (Very Good): Strong credit with good loan options
650-719 (Good): Average credit, decent loan terms available
560-649 (Fair): Below average, higher rates and fewer options
300-559 (Poor): Difficulty getting approved for credit
The reality for GTA residents: If you’re struggling with debt, your score might be in the fair or poor range. But here’s the shocking truth—sometimes even people with good financial habits face unexpected credit score problems.
The Shocking Truth About Equifax Credit Scores in Canada
Your Equifax credit score is more than just a number—it’s your financial passport in Canada. But what happens when that passport gets taken away without warning?
David Tregear from Victoria, BC, thought he was doing everything right. He paid his bills on time and lived debt-free for two years. Then he applied for a car loan and got rejected. When he checked his Equifax credit score, he couldn’t believe what he saw: ZERO. Not a low score—completely erased.
This isn’t a one-off story. It’s happening to Canadians across the country, including right here in the GTA.
How Your Equifax Credit Score Can Disappear (And Why It Matters)
Here’s what Equifax Canada doesn’t tell you: if you don’t use credit for about two years, they can reset your credit score to zero. No warning. No second chances. You become “unscorable.”
Why this matters for GTA residents:
Many Toronto-area lenders use Equifax Canada as their primary credit bureau
A missing Equifax credit score can block you from getting a mortgage, car loan, or even a credit card
TransUnion (the other major credit bureau) doesn’t have this same policy
For GTA residents: Online access is fastest, but if you’re dealing with serious debt issues, sometimes speaking to someone directly helps clarify your options.
Factors That Influence Your Equifax Credit Score
Understanding what affects your score helps explain why it might be low, or why it disappeared entirely:
Payment History (35% of your score)
Late payments hurt your score significantly
Missing payments for 30+ days show up on your report
Bankruptcy and consumer proposals appear here, too
Credit Utilization (30% of your score)
How much of your available credit are you using
Using more than 30% of your credit limit hurts your score
Maxed-out credit cards are major red flags
Length of Credit History (15% of your score)
How long have you had credit accounts
Average age of all your accounts
This is where the “unscorable” problem happens—no recent activity can reset your score
Types of Credit (10% of your score)
A mix of credit cards, loans, and mortgages
Shows you can handle different types of credit
Credit Inquiries (10% of your score)
Hard inquiries from loan applications
Too many inquiries in a short period hurt your score
The debt connection: When you’re overwhelmed by debt, multiple factors work against you—high utilization, missed payments, and desperate applications for more credit.
When Debt Problems Meet Credit Score Problems
As a licensed insolvency trustee in the GTA, I see clients facing double trouble: overwhelming debt AND damaged credit scores. Here’s what I’ve learned:
The Debt-Credit Score Cycle
When you’re drowning in debt, you might think avoiding credit is smart. But if your Equifax credit score gets reset to zero, rebuilding becomes nearly impossible. You can’t get approved for new credit to rebuild your score.
Comparing Equifax with TransUnion: Why It Matters
Key differences between Canada’s credit bureaus:
Scoring Models
Equifax: Uses a 300-900 range, focuses heavily on payment history
TransUnion: Also 300-900 range, but weighs factors slightly differently
Your scores may differ between bureaus based on which lenders report to whom
The “Unscorable” Problem
Equifax: Can reset your score to zero after about 2 years of inactivity
TransUnion: Doesn’t have the same reset policy
Result: You might be scoreable on one bureau but not the other
Lender Preferences
Some GTA financial institutions prefer Equifax
Others use TransUnion
Many check both, but if one shows “unscorable,” you might be denied
Why this matters for debt relief: When considering consumer proposals or other debt solutions, we need to understand which bureau lenders will check and plan accordingly.
How to Get Your Free Equifax Credit Report
Step-by-Step Guide:
Visit Equifax.ca and click “Get My Free Credit Report.”
Verify your identity with personal information
Answer security questions based on your credit history
Red flag for GTA residents: If you can’t access your report online or get “insufficient information” errors, you might be facing the “unscorable” problem.
Tools for Improving Your Equifax Credit Score
If You Can Still Get Credit:
Pay bills on time: Set up automatic payments
Lower credit utilization: Keep balances under 30% of limits
Don’t close old accounts: Length of history matters
Limit new applications: Each inquiry temporarily lowers your score
If You’re Struggling with Debt:
Don’t ignore the problem: Credit scores recover faster than you think with proper help
Consider debt consolidation: One payment instead of many
Understand bankruptcy options: Sometimes it’s the fastest path to rebuilding credit
Premium Equifax Services
Equifax Complete™ Family Plan:
Monthly credit score updates
Credit monitoring and alerts
Identity theft protection
Costs around $25-35/month
Equifax ID Patrol™:
Advanced identity monitoring
Dark web scanning
Recovery assistance if identity is stolen
My recommendation for debt-struggling families: Free credit reports are sufficient while you’re getting your finances back on track. Save the monthly fees for debt payments instead.
The Role of Credit History in Your Financial Recovery
How Long-Term Credit Behaviour Affects Your Options
Good credit history before debt problems:
Makes you a better candidate for debt consolidation loans
Can help negotiate better terms with creditors
Provides more options for financial recovery
Poor credit history:
Doesn’t disqualify you from debt relief options
Consumer proposals work regardless of credit score
Creates unique challenges but doesn’t eliminate options
May require secured credit cards to rebuild
Licensed insolvency trustees can provide specific guidance
Real Stories from GTA Clients
I’ve helped families in Toronto, Vaughan, Newmarket, Scarborough, Brampton, and North York who discovered their Equifax credit score issues only when applying for debt consolidation loans. By then, their options were limited, but never eliminated.
Your Equifax Credit Score and Debt Solutions: What You Need to Know
Consumer Proposals and Your Credit Score
If you’re considering a consumer proposal in Ontario, here’s how it affects your Equifax credit score:
A consumer proposal shows as an R7 rating on your Equifax credit report
This stays on your report for 3 years after completion
It’s better than bankruptcy (R9 rating), which stays for 6-7 years
You keep your assets while getting debt relief
Bankruptcy and Credit Rebuilding
For some GTA residents, bankruptcy is the best fresh start option:
First-time bankruptcy typically lasts 9 months in Ontario
Your Equifax credit score will rebuild faster than you think
We help clients understand the credit rebuilding process from day one
Protecting Your Equifax Credit Score: Practical Tips for GTA Residents
Monitor Your Score Regularly
Check your Equifax credit score every few months
Look for the “unscorable” warning before it’s too late
Keep one small credit account active if you can manage it responsibly
Know Your Rights
Equifax Canada must investigate disputes within 30 days
You can add a consumer statement to your credit file
Provincial and federal agencies can help with serious issues
Don’t Wait Until It’s Too Late
If you’re struggling with debt in Toronto, Vaughan, Mississauga, Markham, or anywhere in the GTA, don’t wait for credit problems to compound your debt problems.
Red Flags: When to Seek Help with Debt and Credit Issues
Contact a licensed insolvency trustee if you’re experiencing:
Minimum payments that barely cover interest
Using credit cards for basic expenses like groceries
Considering payday loans or high-interest alternatives
Credit applications are being denied due to debt levels
Stress about money is affecting your daily life
How We Help GTA Residents Navigate Debt and Credit Challenges
As your local licensed insolvency trustee, I provide:
Free Consultations
Review your complete financial situation
Explain how debt solutions affect your Equifax credit score
Discuss all options before you make any decisions
Personalized Debt Solutions
Consumer proposals that can reduce debt by up to 80%
Bankruptcy protection when it’s the right choice
Credit rebuilding guidance throughout the process
Local GTA Knowledge
Understanding of Ontario employment standards and exemptions
Connections with local credit counselling services
Knowledge of the GTA housing market impacts on financial decisions
The Bottom Line: Don’t Let Credit Score Confusion Add to Your Debt Stress
Your Equifax credit score is important, but it shouldn’t control your life. Whether your score is perfect, damaged, or mysteriously missing, there are always options for Canadians struggling with debt.
David Tregear’s story shows us that even people who think they’re doing everything right can face credit surprises. Don’t let debt problems and credit score issues compound each other.
Frequently Asked Questions About Equifax Credit Scores and Debt
How do debt problems relate to Equifax credit score problems?
Debt problems and low Equifax credit scores often form a difficult cycle. When overwhelmed by debt, individuals may miss payments (hurting payment history), use a high percentage of their available credit (increasing utilization), and potentially apply for more credit, leading to multiple inquiries. If, in an attempt to manage debt, someone stops using credit entirely for about two years, their Equifax score can reset to zero, making it almost impossible to rebuild credit through conventional means.
Can a consumer proposal improve my Equifax credit score?
A consumer proposal will initially lower your Equifax credit score, but it provides a clear path to rebuilding credit while eliminating unmanageable debt.
How long does it take to rebuild credit after bankruptcy?
Most clients see their Equifax credit score improve within 12-18 months of discharge with proper credit rebuilding strategies.
Should I check my Equifax credit score if I’m already in debt trouble?
Yes. Understanding your current credit situation helps determine the best debt relief strategy for your specific circumstances.
Can I get a mortgage in the GTA after a consumer proposal?
Many clients successfully obtain mortgages 1-2 years after completing a consumer proposal, often with better terms than they had while struggling with debt.
Take Action Today
If you’re a GTA resident dealing with overwhelming debt, don’t wait for your credit situation to get worse. As a licensed insolvency trustee serving Toronto, Mississauga, Brampton, Markham, and surrounding areas, I’m here to help you understand your options.
Free consultation available:
No obligation to proceed
Complete review of your debt and credit situation
Clear explanation of how debt solutions affect your Equifax credit score
Practical next steps you can take immediately
Remember: Your current financial situation doesn’t define your future. With the right help and information, you can overcome both debt challenges and credit score problems.
As a licensed insolvency trustee serving the Greater Toronto Area, I encourage consumers and business owners to view financial difficulties not as failures but as challenges that can be addressed with proper guidance. By understanding the warning signs of insolvency and seeking professional advice early, many people and businesses can find a path forward – whether through restructuring, strategic changes, or in some cases, an orderly wind-down that protects their future opportunities.
Remember: The earlier you seek help for company insolvency concerns, the more options you’ll have.
If you or someone you know is struggling with too much debt, remember that the financial restructuring process, while complex, offers viable solutions with the right guidance. As a licensed insolvency trustee serving the Greater Toronto Area, I help entrepreneurs understand their options and find a path forward during financial challenges.
At the Ira Smith Team, we understand the financial and emotional components of debt struggles. We’ve seen how traditional approaches often fall short in today’s economic environment, so we focus on modern debt relief options that can help you avoid bankruptcy while still achieving financial freedom.
The stress of financial challenges can be overwhelming. We take the time to understand your unique situation and develop customized strategies that address both your financial needs and emotional well-being. There’s no “one-size-fits-all” approach here—your financial solution should be as unique as the challenges you’re facing.
If any of this sounds familiar and you’re serious about finding a solution, reach out to the Ira Smith Trustee & Receiver Inc. team today for a free consultation. We’re committed to helping you or your company get back on the road to healthy, stress-free operations and recover from financial difficulties. Starting Over, Starting Now.
The information provided in this blog is intended for educational purposes only. It is not intended to constitute legal, financial, or professional advice. Readers are encouraged to seek professional advice regarding their specific situations. The content should not be relied upon as a substitute for professional guidance or consultation. The author, Ira Smith Trustee & Receiver Inc., and any contributors do not assume any liability for any loss or damage.
A Recent Ontario Court Decision Every Business Owner Should Know About
As a Licensed Insolvency Trustee practicing in the Greater Toronto Area, I’ve guided many businesses through difficult financial times. Today, I want to share an important recent court decision showing the legal development of how companies handle creditor payments when facing money troubles.
What Happened: The $400,000 Payment That Backfired
A company called Specialty Chemical Industries was struggling financially
They owed over $11 million to various parties in respect of various secured loans and unsecured creditor suppliers’ unpaid debts
One supplier, American Pacific Corporation (AmPac), was their main supplier
Specialty paid AmPac $400,000 to get $100,000 worth of chemicals
They hoped this would help them fill an order for their main customer
Less than two months later, Specialty went bankrupt
The court ruled that this $400,000 unsecured debt payment was a “preference” – meaning Specialty unfairly favoured one creditor (AmPac) over all their other creditors. AmPac was ordered to return the money.
When a business is going under, the law says all creditors should be treated fairly. Section 95 of the Bankruptcy and Insolvency Act (BIA) calls this “creditor equality.”
A preference happens when:
A debtor pays one creditor shortly before bankruptcy (within 3 months)
This payment gives the payee better treatment than others
The debtor knew it couldn’t pay all its debts
The law assumes any payment made within 3 months of bankruptcy was intended to prefer that payee. It’s up to the business to prove otherwise.
Why Did Specialty’s “Business Survival” Argument Fail?
The argument was that Specialty paid AmPac under unsecured credit terms because they needed to keep their business going. It was argued this wasn’t preferring one over others – it was trying to save the company for everyone’s benefit.
The court didn’t buy this argument. Here’s why:
No solid plan: Specialty had no clear plan showing how this payment would help the company and all stakeholders
Poor financial position: After the payment, they had only $35,000 left but owed $11 million
Low profit margins: Their profit margins were only 2-10%, not enough to dig out of debt
No testimony: No company director testified to explain their plan
Failed strategy: Their main customer left anyway
FULL DISCLOSURE: My Firm was the licensed insolvency trustee administering the company director’s bankruptcy. The personal bankruptcy occurred by the court issuing a Bankruptcy Order in January 2019, through a legal proceeding initiated by RPG. Both the director and my Firm have since been discharged. My Firm was not involved in this court case I am writing about.
What This Means for Your Business
If your business is facing financial problems, this case offers important lessons:
Do:
Treat all creditors fairly if you’re approaching insolvency
Document your business plans that show how payments benefit all stakeholders
Seek professional advice early from a Licensed Insolvency Trustee
Don’t:
Pay one unsecured party a large sum when you can’t pay others
Make last-minute payments, hoping to save your business without a solid plan
Assume “business necessity” justifies preferring one over another
I often see business owners make decisions based on hope rather than reality when facing financial trouble. They think, “If I just pay this one supplier, I can keep going.”
The court’s message is clear: hope isn’t enough. If you can’t prove your plan truly benefits all stakeholders,, not just one, the payment could be considered a preference and later clawed back.
Key Takeaways
All unsecureds rank equally under bankruptcy law
Payments made shortly before bankruptcy are carefully scrutinized
Commercial pressure doesn’t justify preferring one over another
Only evidence-based rescue plans can justify paying one over others
Protecting Your Business from Preference Issues
As a business owner, you need to understand these rules before financial troubles hit. If you’re struggling to manage all your payments, it’s time to speak with a Licensed Insolvency Trustee about your options.
We can help you develop strategies that comply with the law while giving your business the best chance for recovery, or at least ensure you will not be giving yourself bigger headaches and legal liability if bankruptcy becomes necessary.
Final Thoughts on Fairness
The law may seem harsh, but it serves an important purpose: ensuring everyone is treated fairly when a business fails. Without these rules, stronger or favoured suppliers would get paid while others get nothing.
Remember: when it comes to creditor treatment during financial distress, good intentions aren’t enough. The law demands fairness – even when that’s difficult.
Preference FAQ: Your Questions Answered
What exactly does “anti-preference” mean in bankruptcy law?
The anti-preference rules in the BIA stop businesses from playing favourites when they’re about to go bankrupt. These rules make sure all regular unsecureds are treated fairly and share equally in whatever assets are left. This is the cornerstone of Canadian bankruptcy law – fairness for all stakeholders.
When might a payment to a creditor be considered unfair?
A payment might be considered unfair (or “void”) when:
It’s made within 3 months before bankruptcy
It’s made while the business can’t pay all its debts
It gives that party better treatment than others
If these conditions are met, the court assumes the payment was meant to give special treatment.
What is a “rebuttable presumption” regarding creditor payments?
This legal term simply means the court starts by assuming any payment made to a creditor within 3 months of bankruptcy was intended to favour them. It’s then up to the business to prove this wasn’t their intention. Even if a creditor was putting pressure on the business, that pressure alone isn’t enough to justify the payment.
Can a business explain that they were under pressure from a creditor?
Yes, but with limits. A business can tell the court about pressure put on them to help explain their situation, but pressure alone won’t justify the payment. The court will consider this information as part of the whole picture, not as a valid reason for favouring one over others.
How can a business prove they weren’t trying to favour one creditor?
A business must show that its main goal wasn’t to give one stakeholder special treatment. They need to prove, with clear evidence, that they had a different reason for making the payment, like trying to keep the business going with a solid plan that would benefit all stakeholders in the long run.
When is “trying to save the business” a valid reason for paying just one creditor?
This reason only works if the business had a realistic plan that would help everyone, not just one. Having a vague hope or wish isn’t enough. The business needs to show:
A sensible business plan
Evidence that the plan could realistically work
Proof that the plan would benefit all stakeholders, not just one
That the financial situation wasn’t already hopeless
Why does a business continuity plan need to be “reasonable”?
The “reasonable plan” requirement ensures businesses don’t drain their remaining assets, helping one or two parties while leaving nothing for everyone else. A reasonable plan aligns with bankruptcy law’s core purpose – fair treatment for all. If a payment is part of a genuine strategy that could improve the situation for everyone, then it isn’t considered unfair to others.
What factors do courts look at when deciding if a business plan was reasonable?
Courts consider several practical factors:
Was there a clear, sensible business plan?
Was the business already too far gone financially?
Did the potential benefits outweigh the payment amount?
Would a bankruptcy trustee have made the same decision to maximize recovery for all creditors?
Six Key Lessons from the Preference Case
This case teaches us important lessons about how creditors are treated when a business is heading toward bankruptcy. Let’s break down what the Court of Appeal for Ontario said in simple terms:
1. All Creditors Must Be Treated Equally
The court firmly reminded us that the foundation of bankruptcy law is treating all creditors fairly. Section 141 of the BIA states that “all unsecured creditors rank equally and share equally in the bankrupt’s assets.” This isn’t just a nice idea – it’s the law.
2. Payments Shortly Before Bankruptcy Can Be Reversed
When a business pays one creditor right before bankruptcy (within 3 months), that payment can be “voided,” – meaning the creditor has to give the money back. This happens when:
The business was already unable to pay all its debts
The payment gave that creditor better treatment than others
In this case, AmPac had to return the entire $400,000 payment.
3. Courts Assume Preferential Intent
If arrangements with creditors, including a payment, check the boxes above, the court starts with the assumption that the business intended to give that creditor special treatment. This is called a “rebuttable presumption,” which means it’s up to the business to prove otherwise.
4. Pressure from a Supplier Isn’t an Excuse
The court clarified an important point: just because a creditor was demanding payment doesn’t justify giving them special treatment. While the court will consider creditor pressure as part of the whole story, it can’t be the main excuse for the payment.
5. Business Continuation Plans Need to Be Realistic
The court established a clear standard: if a business claims they made a payment to stay afloat (not to prefer one creditor), they must show they had a reasonable plan. This plan must:
Be more than just wishful thinking
Shows real potential to benefit all creditors, not just one
Be something a bankruptcy trustee might reasonably do to help all creditors
6. Courts Look at Hard Facts, Not Just Good Intentions
When deciding if a business plan was reasonable, courts look at practical factors:
Was there a sensible, detailed business plan?
Was the business already beyond saving?
Did the potential benefits outweigh the payment amount?
Would the plan help satisfy all creditor claims?
The Hard Truth About Equality
The outcome of this case might seem harsh. AmPac provided goods, Specialty made a payment, and now AmPac has to give the money back. But bankruptcy law has a greater purpose – making sure one creditor doesn’t get special treatment while others get nothing.
In the end, the court ordered AmPac to return the entire $400,000. This reinforces an important principle: when a business is heading toward bankruptcy, fairness to all creditors matters more than the survival of one relationship.
For business owners, the message is clear: when you’re facing financial trouble, you can’t play favourites with creditors – even if it feels like the only way to keep your business alive. The law demands fairness, even when fairness is difficult.
As a licensed insolvency trustee serving the Greater Toronto Area, I encourage business owners to view financial difficulties not as failures but as challenges that can be addressed with proper guidance. By understanding the warning signs of company insolvency and seeking professional advice early, many businesses can find a path forward – whether through restructuring, strategic changes, or in some cases, an orderly wind-down that protects their future opportunities.
Remember: The earlier you seek help for company insolvency concerns, the more options you’ll have.
If you or someone you know is struggling with too much debt, remember that the financial restructuring process, while complex, offers viable solutions with the right guidance. As a licensed insolvency trustee serving the Greater Toronto Area, I help entrepreneurs understand their options and find a path forward during financial challenges.
At the Ira Smith Team, we understand the financial and emotional components of debt struggles. We’ve seen how traditional approaches often fall short in today’s economic environment, so we focus on modern debt relief options that can help you avoid bankruptcy while still achieving financial freedom.
The stress of financial challenges can be overwhelming. We take the time to understand your unique situation and develop customized strategies that address both your financial needs and emotional well-being. There’s no “one-size-fits-all” approach here—your financial solution should be as unique as the challenges you’re facing.
If any of this sounds familiar and you’re serious about finding a solution, reach out to the Ira Smith Trustee & Receiver Inc. team today for a free consultation. We’re committed to helping you or your company get back on the road to healthy, stress-free operations and recover from financial difficulties. Starting Over, Starting Now.
The information provided in this blog is intended for educational purposes only. It is not intended to constitute legal, financial, or professional advice. Readers are encouraged to seek professional advice regarding their specific situations. The content should not be relied upon as a substitute for professional guidance or consultation. The author, Ira Smith Trustee & Receiver Inc., and any contributors do not assume any liability for any loss or damage.
On a chilly night in early 2020, I remember getting a frantic email from a fellow entrepreneur—her café had just closed its doors indefinitely. The uncertainty in her voice mirrored what every small business owner across Canada felt: a silent panic about their limited company insolvency and that maybe, just maybe, their business wouldn’t make it to the other side. Then came the lifeline: the Canada Emergency Business Account (CEBA). But what seemed like a straightforward rescue turned out to be a maze of deadlines, fine print, ups and downs, and (frankly) some mind-boggling statistics. Here’s the backstage pass to what really happened, odd details and all.
In this Brandon’s Blog, I look at the CEBA and its statistics. CEBA was a monumental rescue for nearly 900,000 Canadian businesses. It ultimately became clear: while survival rates for CEBA recipients outperformed expectations, the true landscape was one of complexity, struggle, and —oddly enough — hopeful resilience.
Understanding Company Insolvency in the Post-Pandemic Era
As a licensed insolvency trustee serving businesses across the Greater Toronto Area, I’ve witnessed firsthand how the pandemic tested the financial resilience of local entrepreneurs. When COVID-19 hit in early 2020, business owners faced unprecedented challenges, with many teetering on the edge of company insolvency – a situation where a business can no longer meet its financial obligations.
What is Company Insolvency?
Company insolvency occurs when a business can’t pay its debts when they come due or when liabilities exceed assets. For GTA entrepreneurs, understanding the warning signs of company insolvency is crucial:
Consistently missing payment deadlines
Using personal funds to cover business expenses
Struggling to meet payroll obligations
Receiving collection notices from creditors
Declining sales without corresponding cost reductions
The CEBA Lifeline: A Double-Edged Sword
When the pandemic threatened thousands of GTA businesses with company insolvency, the CEBA emerged as a critical lifeline. Launched on March 27, 2020, CEBA offered up to $60,000 in interest-free loans with potential partial forgiveness.
CEBA by the Numbers:
Nearly 900,000 Canadian businesses received CEBA loans
Total funding reached approximately $49 billion
Construction companies received over $6.4 billion (13.1% of funds)
Client-facing industries had the highest uptake rates:
Accommodation/food services: 83% uptake
Arts/entertainment/recreation: 77.1% uptake
For many Toronto entrepreneurs who contacted my office, CEBA provided essential short-term relief from company insolvency. As one local restaurant owner told me,
“That loan was the only thing standing between our survival and shutting down permanently.”
The Repayment Reality and Growing Company Insolvency Concerns
While CEBA helped many businesses avoid immediate company insolvency, the repayment phase has proven challenging. The deadline extensions (from December 2022 to January 2024) highlight the ongoing financial strain many GTA businesses faced.
By January 2024, approximately 19% of CEBA loans ($9.2 billion nationally) remained unpaid. These unpaid loans were converted to 3-year, 5% interest loans without forgiveness options, creating new insolvency risks for already struggling businesses.
In my practice across the GTA, I’ve seen certain industries struggling more than others with repayment:
Transportation/warehousing: 30.7% of loans unpaid
Taxi services: 51.1% couldn’t repay
Accommodation/food services: 21.9% unpaid
Construction: 20.1% ($1.3B) outstanding
Company Insolvency: The Surprising Bankruptcy Trends
The data reveals a counterintuitive pattern that every GTA business owner should understand. When COVID first struck, business bankruptcies dropped from 400-450 quarterly filings in early 2020 to just 250 by Q3 2021.
This wasn’t because businesses were thriving – it was because government supports like CEBA were temporarily masking company insolvency issues.
By Q1 2024, we witnessed a dramatic surge in bankruptcy filings to over 1,200, nearly five times the pandemic lows. Two main factors drove this spike:
Expiring CEBA loan forgiveness deadlines
Rising interest rates have made refinancing difficult or impossible
What’s particularly telling is that about 70% of Q1 2024 bankruptcies involved businesses that had taken CEBA loans. Yet, looking at the bigger picture, only 0.7% of all CEBA borrowers went bankrupt compared to 1.3% of non-CEBA businesses.
Industry-Specific Company Insolvency Patterns in the GTA
For Toronto-area entrepreneurs, understanding which sectors face the highest company insolvency risk is crucial. The bankruptcy distribution wasn’t random:
Accommodation and food services: 20.3% of all CEBA bankruptcies
Retail trade: 13.7%
Construction: 11.8%
Transportation and warehousing: 7.6%
Between Q3 2023 and Q1 2024 alone, food service bankruptcies increased by an alarming 139.8%. This reflects the particular challenges restaurants and cafes in the GTA continue to face with reduced foot traffic in downtown areas and changing consumer habits.
Signs of Financial Distress That Your GTA Business May Be Heading Toward Company Insolvency
As a licensed insolvency trustee, I regularly help business owners recognize early warning signs of company insolvency:
Cash flow problems: Consistently struggling to pay bills on time
Increasing debt: Taking on new debt to pay existing obligations
Creditor pressure: Receiving demands or legal notices from suppliers
Declining sales: Persistent revenue drops without corresponding cost reductions
Personal guarantee concerns: Feeling anxious about personally guaranteed items.
Options for GTA Businesses Facing Company Insolvency
If your Toronto-area business is showing signs of financial distress, several options exist:
1. Informal Restructuring
Working directly with creditors to negotiate payment terms without formal legal proceedings.
2. Division I Proposal
A formal payment plan found in a legally binding agreement administered by a licensed insolvency trustee with creditors that allows your business the additional time needed to continue operating while paying a portion of the debts, with the balance being forgiven.
3. Corporate Bankruptcy
The formal bankruptcy process of liquidating company assets is used when restructuring isn’t viable. This is both a legal process and a financial one.
4. Strategic Wind-Down (Voluntary Liquidation) or Compulsory Liquidation
An orderly closure that minimizes losses and protects personal assets as best as possible.
Company Insolvency: The Future Outlook for GTA Businesses
Statistics Canada data shows 65.6% of businesses expect to fully repay their CEBA loans by the end of 2026. However, 14.5% anticipate falling short, potentially facing company insolvency. Nearly 20% remain uncertain about their financial future.
For GTA entrepreneurs, this uncertainty creates difficult decisions:
Repay CEBA or invest in necessary business improvements?
Upgrade equipment or prioritize debt reduction?
Hire needed staff or conserve cash for loan repayment?
Company Insolvency: Professional Guidance and Support
Importance of Professional Advisors
When facing company insolvency, many GTA entrepreneurs make the critical mistake of trying to solve complex financial problems alone. As someone who has guided hundreds of Toronto businesses through financial crises, I’ve seen how proper professional guidance can be the difference between business recovery and complete failure.
Professional advisors bring several key benefits when dealing with company insolvency:
Objective assessment: An outside expert can evaluate your situation without emotional attachment
Legal protection knowledge: Understanding which actions might create personal liability
Creditor negotiation skills: Experience in reaching favorable terms with creditors
Regulatory compliance: Ensuring all filings and procedures follow legal requirements
A recent study found that businesses seeking professional help within the first three months of financial distress were 65% more likely to survive than those waiting six months or longer. For GTA business owners, this early intervention can be particularly valuable in our competitive market.
Selecting a Licensed Insolvency Trustee
Not all financial advisors are equal when it comes to company insolvency matters. licensed insolvency practitioners are the only insolvency professionals authorized to file and manage insolvency proceedings in Canada. When selecting a Licensed Insolvency Trustee in the Greater Toronto Area, consider:
Experience with your industry: Find someone who understands the specific challenges of your business sector
Location and accessibility: Choose a Licensed Insolvency Trustee familiar with GTA business conditions and easily accessible for meetings
Communication style: Select someone who explains complex insolvency concepts in straightforward terms
Fee structure: Understand how the Licensed Insolvency Trustee charges for services and what’s included
Client testimonials: Look for reviews from other GTA business owners in similar situations
Remember that your initial consultation with a Licensed Insolvency Trustee is typically free and confidential. This meeting allows you to discuss your company insolvency concerns without obligation while getting expert insight into your options.
Leveraging Expertise for Strategic Planning
Working with a Licensed Insolvency Trustee offers more than just technical assistance with company insolvency procedures. The right advisor becomes a strategic partner in dealing with our company’s financial situation and planning your business’s future.
In my practice serving GTA entrepreneurs, I work with clients to:
Identify core business strengths that can form the foundation of a recovery plan
Analyze cash flow patterns to find opportunities for immediate improvement
Develop realistic financial projections based on current market conditions in Toronto
Create contingency plans for various economic scenarios
Establish monitoring systems to provide early warning of future insolvency risks
One Toronto insolvent business I worked with was able to transform a seemingly hopeless company insolvency situation into a streamlined, profitable business by implementing strategic changes identified during our planning sessions. The key was having expert guidance to distinguish between essential business components and areas that could be restructured or eliminated.
Your Licensed Insolvency Trustee can also coordinate with your other professional advisors—accountants, lawyers, business coaches—to ensure everyone is working cohesively toward your business goals while addressing immediate company insolvency concerns.
Taking Action: Steps for GTA Business Owners
If your business is struggling with potential company insolvency, consider these steps:
Seek professional advice early: Consult a licensed insolvency trustee for a free assessment
Review your financial statements: Understand your true financial position
Create a realistic cash flow projection: Map your business’s financial future
Consider all available options: Restructuring may be possible before bankruptcy becomes necessary
Protect personal assets: Understand your liability regarding business debts
Company Insolvency FAQ
1. What is company insolvency, and what are the signs to look for?
Company insolvency occurs when a business is unable to pay its debts when they are due, or when its liabilities exceed its assets. For entrepreneurs, crucial warning signs include consistently missing payment deadlines, using personal funds for business expenses, struggling to meet payroll, receiving collection notices, and experiencing declining sales without cost reductions.
2. How did government support programs like CEBA impact business bankruptcy rates?
Interestingly, business bankruptcies initially dropped during the height of the pandemic. This was not due to businesses thriving, but rather because government support programmes like CEBA temporarily masked underlying insolvency issues. Once CEBA repayment deadlines passed and interest rates rose, there was a dramatic surge in bankruptcy filings, reaching levels nearly five times the pandemic lows by Q1 2024.
3. Which industries have been most affected by company insolvency after the CEBA deadline?
Data indicates that certain sectors have struggled more with CEBA repayment and subsequent insolvency. Industries with high unpaid CEBA loan rates include transportation/warehousing (30.7% unpaid), taxi services (51.1% unpaid), accommodation/food services (21.9% unpaid), and construction (20.1% unpaid). The accommodation and food services sector, in particular, saw a significant increase in bankruptcies between Q3 2023 and Q1 2024.
4. What options are available for businesses facing company insolvency?
Businesses experiencing financial distress have several options, depending on their situation. These include informal restructuring (negotiating directly with creditors), filing a Division I Proposal (a formal debt repayment plan administered by a licensed insolvency trustee), corporate bankruptcy (liquidation of assets), or a strategic wind-down/voluntary liquidation.
5. Why is seeking professional help early crucial when dealing with company insolvency?
Seeking professional guidance from a licensed insolvency trustee early in the process significantly increases a business’s chances of survival. Licensed insolvency trustees can provide an objective assessment, knowledge of legal protections, experience in negotiating with creditors, and ensure regulatory compliance. Businesses that seek professional help within the first three months of distress are considerably more likely to recover.
6. What is the future outlook for businesses regarding CEBA repayment and insolvency?
While a majority of businesses anticipate fully repaying their CEBA loans by the end of 2026, a significant percentage still expect to fall short or remain uncertain about their financial future. This uncertainty forces businesses to make difficult decisions about prioritizing debt repayment versus investment and hiring. For many, company insolvency remains a real possibility, highlighting the ongoing economic challenges in the post-pandemic era.
Company Insolvency Conclusion: Learning from the CEBA Experience
The CEBA program provided crucial support to nearly 900,000 Canadian businesses during an unprecedented crisis. For many GTA entrepreneurs, it meant survival through the darkest days of the pandemic.
However, as repayment deadlines passed and economic challenges continue, we’re witnessing a complex landscape where company insolvency remains a very real threat for many local businesses.
As a licensed insolvency trustee serving the Greater Toronto Area, I encourage business owners to view financial difficulties not as failures but as challenges that can be addressed with proper guidance. By understanding the warning signs of company insolvency and seeking professional advice early, many businesses can find a path forward – whether through restructuring, strategic changes, or in some cases, an orderly wind-down that protects their future opportunities.
Remember: The earlier you seek help for company insolvency concerns, the more options you’ll have.
If you or someone you know is struggling with too much debt, remember that the financial restructuring process, while complex, offers viable solutions with the right guidance. As a licensed insolvency trustee serving the Greater Toronto Area, I help entrepreneurs understand their options and find a path forward during financial challenges.
At the Ira Smith Team, we understand the financial and emotional components of debt struggles. We’ve seen how traditional approaches often fall short in today’s economic environment, so we focus on modern debt relief options that can help you avoid bankruptcy while still achieving financial freedom.
The stress of financial challenges can be overwhelming. We take the time to understand your unique situation and develop customized strategies that address both your financial needs and emotional well-being. There’s no “one-size-fits-all” approach here—your financial solution should be as unique as the challenges you’re facing.
If any of this sounds familiar and you’re serious about finding a solution, reach out to the Ira Smith Trustee & Receiver Inc. team today for a free consultation. We’re committed to helping you or your company get back on the road to healthy, stress-free operations and recover from financial difficulties. Starting Over, Starting Now.
The information provided in this blog is intended for educational purposes only. It is not intended to constitute legal, financial, or professional advice. Readers are encouraged to seek professional advice regarding their specific situations. The content should not be relied upon as a substitute for professional guidance or consultation. The author, Ira Smith Trustee & Receiver Inc., and any contributors do not assume any liability for any loss or damage.
Protection From Creditors: The Real Problem Toronto Business Owners Face
I need to start by reminding you that I am a licensed insolvency trustee, not a lawyer. This Brandon’s Blog on protection from creditors is not about how to hide your assets from creditors when financial trouble looms. It is also not legal advice. For that, you need to see your lawyer.
Rather, this is for informational purposes about the realization that pretty much every Toronto entrepreneur risks losing their assets to business debt. This Brandon’s Blog is meant to provide practical steps to gain protection from creditors for your personal assets while resolving business financial troubles from a licensed insolvency trustee with many success stories.
Meet Carlos. He started a food truck in Toronto selling arepas in 2022. By 2024, food costs doubled, and he took out a $100,000 loan using his North York home and his food truck as collateral. Now, he’s three months behind on payments. The bank wants his business AND his house.
Carlos isn’t alone. Nearly 3 out of 4 small business owners in Ontario lose sleep over mixed personal and business debts. With consumer debt hitting record highs and business bankruptcies up almost 18% in Ontario last year, keeping your business problems from becoming problems for your personal financial affairs is crucial.
Protection From Creditors: Why Your Business Debt Becomes Personal -Three Common Traps
Trap #1: Using Personal Credit Cards for Business
“I just needed to buy supplies quickly.”
The hard truth: When you swipe your card for business expenses, you’re personally responsible for that debt. 68% of new businesses use personal credit.
Trap #2: Signing Personal Guarantees
“The bank said I had to sign my name to get the loan.”
The hard truth: Almost all Canadian small business loans (92%) require personal guarantees. Last year, a Mississauga contractor lost his heavily mortgaged home because he guaranteed a $350,000 equipment loan he could not repay.
Trap #3: Mixing Money
“I don’t have time to keep everything separate.”
The hard truth: When your personal and business money flows through the same accounts, you’re asking for trouble. Almost 9 out of 10 bankruptcy cases get more complicated and expensive because of mixed finances.
protection from creditors
Four Ways Toronto Entrepreneurs Can Get Protection From Creditors
Option 1: Creditor Protection Through Business Restructuring (For Incorporated Companies)
Keep your business running while you work out new payment terms
Shield your personal stuff from business creditors
Real example: A restaurant group kept six locations open through this process last year.
Good points:
Protects your personal assets
Keeps your employees working
Not-so-good points:
CCAA only works for bigger companies ($5+ million in debt) and is court-driven and therefore very expensive.
For companies that owe less than $5 million, the restructuring provisions of the BIA are available and is a less costly process than the CCAA. Technically, nothing is stopping a debtor that qualifies under the CCAA to use the BIA instead.
Takes 6-18 months to complete
Option 2: Consumer Proposal (Perfect for Many Small Unincorporated Business Owners)
Meet with a licensed insolvency trustee (free first meeting)
File paperwork under the BIA
Make one affordable monthly payment for up to 5 years that your unsecured creditors have agreed to either at a meeting of creditors (if required) or having agreed in advance, and therefore no meeting is necessary
Option 3: Strategic Personal Bankruptcy
Sometimes starting fresh makes the most sense, especially when:
Your business can’t be saved
You need immediate relief from overwhelming debt
You don’t own any or many assets
What Can You Keep? Ontario’s 2025 Bankruptcy Exemptions
When dealing with serious debt problems, many Toronto entrepreneurs worry they’ll lose everything. Good news – Ontario law lets you keep certain things even during bankruptcy or proposals.
Your Home
You can keep your home if: You have $10,783 or less in equity (that’s your home’s value minus what you still owe on your mortgage).
You might lose your home if: Your equity is higher than $10,783. In that case, the trustee might sell your home to pay creditors, but you’d still get the first $10,783.
What Else Can You Keep?
Household Items: Furniture, appliances, dishes, and food up to $14,180
Work Tools: Equipment you need for your job or business up to $14,450
Your Car: One vehicle worth up to $6,600
Clothes: All your necessary clothing, no dollar limit
Retirement Savings: Most RRSPs are protected (except money you put in during the 12 months before filing)
Life Insurance: Many policies are protected from creditors
For Farmers: Special protections for livestock, equipment, and tools up to $31,379
Real-World Example: I will call this woman Samira. When Samira, a Toronto web designer, filed for bankruptcy, she kept her car valued at $5,000, her computer equipment (valued at $8,000), and her condo (because her equity was only $9,000). This gave her the fresh start she needed without losing essential assets. She still had lots of secured debt, which is another issue, but she did not have to give up those assets.
Note: These exemption numbers can change yearly with regulations. Always check with a licensed insolvency trustee for the most current exemption amounts.
Option 4: Debt Consolidation (The 2025 Method)
Many Toronto entrepreneurs are now:
Working with alternative lenders to the big banks, such as credit unions
If of sufficient value, using business equipment as collateral instead of their homes
Warning: Be careful with this option. Nearly half of consolidated debts end up in default within two years.
Get Protection From Creditors Today: The One-Hour Checklist
Step 1: Separate Your Money (This Afternoon)
Open business accounts at a different bank from your personal accounts
Stop using credit cards that you cannot afford to pay off monthly for business expenses
Set up automatic transfers for your business’s “salary”
Step 2: Document Everything (This Evening)
Take photos of all business equipment
Make copies of all loan agreements
Create a list of who you owe money to (both business and personal)
Step 3: Get Help (This Week)
Contact the Ontario Business Legal Clinic for free advice
Visit Toronto’s Office of Financial Empowerment
Calculate your business debt ratio (Total Debts ÷ Total Assets)
protection from creditors
Protection From Creditors: Real Toronto Success Stories
The Tech Startup That Bounced Back
Problem: A Markham software company owed $2.3 million to creditors, both secured creditors and unsecured creditors. The founder had used his $900,000 condo as loan collateral.
Solution: Through a court-supervised restructuring, the company cut their debt by 60%. Today, they’re profitable and employ 12 people.
The Food Truck Owner Who Saved His Home
Problem: Carlos (from our opening story) had $230,000 in combined debt. The CRA was about to garnish his income.
Solution: Through a consumer proposal, he reduced his unsecured debt to $30,000 and will be paying it off over five years ($500 monthly). He can pay that along with his bank loan payments and therefore keep his home and his food truck.
Protection From Creditors: Three Things To Do Before Friday
Download our free worksheet: “Toronto Debt Relief Worksheet“. Fill out all the requested information. Warning: it asks for a lot of information because it aims to look at every important aspect of your financial situation.
Review carefully all the information you filled in: If you were honest and completed the whole worksheet, the issues you need to work on will jump right off the page at you.
Book your free consultation: If the worksheet highlights issues you don’t know what the best solution would be to fix them, contact us for a no-cost consultation.
protection from creditors
Top Questions Toronto Business Owners Ask About Debt Protection From Creditors
Q: Why should I worry about separating business and personal debt?
A: Almost 60% of Toronto entrepreneurs end up losing personal assets because of business debts. With business bankruptcies up 17.8% in Ontario last year and consumer debt hitting record highs, keeping these separate isn’t just smart—it’s survival. Many of my clients couldn’t sleep at night until they protected their personal finances from business troubles.
Q: Can the CRA take my house for business taxes?
A: Yes, if:
Your business is incorporated but has unpaid employee source deductions or outstanding HST. That is a personal liability of all directors, notwithstanding your business is run by a separate legal entity.
You operate your business as a proprietorship or partnership. In those situations, your business debts are also your personal debts.
We helped several Toronto families keep their homes from CRA collection last year alone. The CRA has stronger collection powers than most creditors and can place liens on your property for unpaid taxes.
Q: My business is incorporated—doesn’t that protect me automatically?
A: This is a dangerous myth I see hurting Toronto entrepreneurs. Incorporation only protects you if you never personally guaranteed any loans or credit cards. The truth? About 92% of Canadian small business loans require personal guarantees, which means your home and savings are still at risk.
Q: How fast can I stop collection actions?
A: As soon as you do an insolvency filing. It is something called the “stay of proceedings” that kicks in. This legally stops all collection efforts immediately, usually within 5-7 days of your first meeting with a licensed insolvency trustee. Last month, we helped a restaurant owner stop garnishment actions that were just 48 hours away from freezing her accounts.
Q: How do I know if I’ve fallen into the “mixed finances trap”?
A: Check these warning signs: Do you use the same credit card for groceries and business supplies? Is your business operating account at the same bank as your personal chequing account? Have you ever transferred money between personal and business accounts without proper documentation? If you answered yes to any of these, you need to take action immediately.
Q: What’s better for a small business owner—bankruptcy or consumer proposal?
A: For most Toronto entrepreneurs I work with, either a consumer proposal or a BIA restructuring proposal (for those who owe more than the consumer proposal limit of creditors in excess of $250,000, not including any debts secured against your home) offers a better alternative. You can keep your assets (including your home), reduce unsecured debts by up to 75%, and rebuild your credit faster. Bankruptcy should be your last resort, though it works well when you need immediate relief and don’t have significant assets to protect.
Q: How do I know which debts are dischargeable in bankruptcy?
A: Most business and personal unsecured debts can be eliminated through bankruptcy, including credit cards, lines of credit, and supplier accounts. However, some debts survive bankruptcy, including student loans less than seven years since you stopped being a student, court fines, and child support. I recommend bringing a complete list of your debts to your consultation for a personalized assessment.
Protection From Creditors Conclusion
I hope you’ve found this protection from creditors Brandon’s Blog, helpful. There is a lot of uncertainty in business today. The time to properly plan to gain asset protection from creditors is when you begin your business. Once your business is in financial trouble, it is too late.
If you or someone you know is struggling with too much debt, remember that the financial restructuring process, while complex, offers viable solutions with the right guidance. As a licensed insolvency trustee serving the Greater Toronto Area, I help entrepreneurs understand their options and find a path forward during financial challenges.
At the Ira Smith Team, we understand the financial and emotional components of debt struggles. We’ve seen how traditional approaches often fall short in today’s economic environment, so we focus on modern debt relief options that can help you avoid bankruptcy while still achieving financial freedom.
The stress of financial challenges can be overwhelming. We take the time to understand your unique situation and develop customized strategies that address both your financial needs and emotional well-being. There’s no “one-size-fits-all” approach here—your financial solution should be as unique as the challenges you’re facing.
If any of this sounds familiar and you’re serious about finding a solution, reach out to the Ira Smith Trustee & Receiver Inc. team today for a free consultation. We’re committed to helping you or your company get back on the road to healthy, stress-free operations and recover from financial difficulties. Starting Over, Starting Now.
The information provided in this blog is intended for educational purposes only. It is not intended to constitute legal, financial, or professional advice. Readers are encouraged to seek professional advice regarding their specific situations. The content should not be relied upon as a substitute for professional guidance or consultation. The author, Ira Smith Trustee & Receiver Inc., and any contributors do not assume any liability for any loss or damage.
The storm clouds of a global trade war are gathering on the horizon. As a licensed insolvency trustee working with Canadian entrepreneurs in the Greater Toronto Area, I’ve witnessed firsthand the anxiety that comes with economic uncertainty. The recent Bank of Canada report released on April 16, 2025, has raised serious concerns about how proposed United States tariffs and overall trade tensions could trigger a worldwide trade war with significant consequences for Canadian businesses.
A few weeks ago I wrote a blog titled TARIFF-INDUCED BANKRUPTCY: WHAT CANADIANS NEED TO UNDERSTAND. If you’re a Canadian entrepreneur wondering how to steer your company through these choppy waters, you’re not alone. This Brandon’s Blog breaks down what’s happening, what might happen next, and most importantly, how you can prepare your business for the challenges ahead.
Understanding the Trade War Threat
What the Bank of Canada is Saying
The Bank of Canada’s latest Monetary Policy Report maintained the overnight interest rate at 2.75% following seven consecutive rate cuts. But the real headline is their warning about a potential economic downturn due to global trade war tensions. In fact, the word “uncertainty” appeared 49 times in their report—a clear signal that even our financial experts are concerned.
The Bank outlined two possible scenarios that could play out through 2027 due to American tariffs on international trade:
Scenario 1: Moderate Percent Tariffs and Slower Growth
Retaliatory tariffs from China averaging 1% on United States imports
Canada imposes 25% reciprocal tariffs on $29.8 billion of United States goods
Canadian dollar valued at USD 0.70
Under this scenario, the Canadian economy GDP growth would slightly increase from 1.5% in 2024 to 1.6% in 2025, before dipping to 1.4% in 2026 and recovering to 1.7% in 2027. This represents a slowdown in economic growth but avoids recession.
Scenario 2: Extreme Percent Tariffs Leading to Recession
12% tariffs on imports of Canadian and Mexican goods (excluding motor vehicles and parts)
25% tariffs on non-US content of imported vehicles and parts
25% tariffs on all goods from other countries, including Chinese imports – a less extreme US-China Trade War with less punitive tariffs than is currently the case
Canada imposes an additional 12% reciprocal tariff on $115 billion of United States goods
Canadian dollar dropping to USD 0.67
This second scenario is much more troubling. The Bank projects the Canadian economy GDP growth would decline from 1.5% in 2024 to just 0.8% in 2025, before contracting to -0.2% in 2026. This would mark a recession from Q2 2025 to Q1 2026, with inflation potentially peaking at 2.7% in 2026.
Direct Trade War Impacts on Canadian Businesses
As a trade war intensifies, Canadian businesses would face several immediate challenges:
Higher Costs and Supply Chain Disruptions
With tariffs as high as 25% on many imported goods, your business costs could rise dramatically overnight. Products you import from the United States would become more expensive, forcing tough decisions about whether to absorb these costs or pass them on as higher prices for consumers.
Supply chains built over decades could unravel quickly as goods get stuck at borders, tariff calculations cause delays, and shipping routes are reorganized. This disruption means more than just higher costs—it could mean unfulfilled orders and disappointed customers.
Shrinking Markets and Cash Flow Pressure
Perhaps more concerning is what happens to your export opportunities. If you sell to United States customers, you might find your products priced out of the market as new tariffs make them too expensive for American buyers.
This double squeeze—higher costs for inputs and reduced sales opportunities—creates serious cash flow challenges. Many businesses that look profitable on paper could quickly face liquidity problems as cash gets tied up in more expensive inventory while sales slow down.
Financial Planning During a Trade War
Know Your Exposure
The first step in preparing for a potential trade war is understanding exactly how exposed your business is:
What percentage of your inputs come from the United States or other countries that might face tariffs?
How much of your revenue comes from exports that could be affected?
Which specific products in your inventory would face the highest import tariffs?
This analysis will help you prioritize your response strategy.
Build Financial Buffers Now
With the Bank of Canada warning of potential recession, now is the time to strengthen your financial position:
Increase your cash reserves where possible
Reduce non-essential spending
Review and potentially renegotiate payment terms with suppliers and customers
Consider securing credit lines before economic conditions worsen
Remember, in economic downturns, cash is king. Businesses with healthy cash reserves can often find opportunities while their competitors struggle.
Stress-Test Your Business
Run financial projections based on the imposition of tariffs under both Bank of Canada scenarios:
How would your business perform if costs increased by 10-25%?
What if sales decreased by 10-20% simultaneously?
How many months could your business survive under these conditions?
This exercise might be uncomfortable, but it provides valuable insights into your vulnerabilities.
Practical Trade War Strategies for Canadian Entrepreneurs
Diversify Your Supply Chain
Relying exclusively on United States suppliers is risky in a trade war environment. Consider:
Identifying alternative suppliers in Canada or countries less likely to be affected by tariffs
Stockpiling essential materials if you have the storage capacity and cash flow
Exploring whether you can change production methods to use different inputs, such as more domestic products
Find New Markets
If United States markets become less accessible due to tariffs, look elsewhere:
The Canada-European Union Comprehensive Economic and Trade Agreement (CETA) offers preferential access to European markets
The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) provides opportunities in the Asia-Pacific countries
Don’t overlook domestic opportunities—other Canadian businesses may be looking to replace United States suppliers
Adjust Your Pricing Strategy
Review your pricing strategy to maintain profitability:
Can you pass some cost increases to customers?
Should you adjust your product mix to emphasize items with better margins?
Are there premium segments less sensitive to price increases?
Review Contracts and Force Majeure Clauses
Examine your existing contracts with United States partners:
Do they contain force majeure clauses that might be triggered by significant tariffs?
Can contracts be renegotiated to share the burden of new tariffs?
Should you consider shorter contract terms to maintain flexibility?
Canadian Government Resources and Support
Available Canadian Programs
The Canadian government offers several resources to help businesses affected by trade disputes:
The Trade Commissioner Service provides market intelligence and connection services
Export Development Canada offers financing and insurance solutions
The Business Development Bank of Canada provides specialized loans for businesses facing temporary challenges
Provincial Initiatives
Ontario has specific programs to help businesses in the province:
The Ontario Together Fund supports businesses looking to retool their operations
The Ontario Investment Office can help identify new market opportunities
Regional innovation centers offer guidance on adapting business models
Debt Management in Uncertain Times
Warning Signs of Financial Distress
As a licensed insolvency trustee, I’ve seen how trade wars and economic downturns can push businesses into financial difficulty. Watch for these warning signs:
Using credit to pay for regular expenses
Missing tax payments
Extending payables beyond 90 days
Receiving collection calls from suppliers
Difficulty making loan payments
When to Seek Professional Help
If you notice these warning signs, don’t wait until a crisis hits. Consider:
Consulting with a licensed insolvency trustee to understand your options
Exploring debt restructuring possibilities
Investigating formal arrangements with creditors
Early intervention often provides more options and better outcomes. Many entrepreneurs wait too long before seeking help, limiting their available solutions.
Success Stories: Adaptation During Previous Trade Disputes
Learning from the Past
Canada has weathered trade disputes before. During the softwood lumber dispute and the 2018 steel and aluminum tariffs, many Canadian businesses successfully adapted:
A Toronto-based furniture manufacturer shifted to domestic wood suppliers and developed new finishes that used different imported components not subject to tariffs
An Ontario tech company that previously focused on United States clients pivoted to develop European partnerships, ultimately discovering a more profitable market
A Hamilton steel fabricator invested in more efficient equipment that allowed it to remain competitive despite higher input costs
The common thread? These businesses didn’t just weather the storm—they used it as an opportunity to become more resilient and diverse.
Conclusion: Preparing for an Uncertain Future
The Bank of Canada’s warning about a potential trade war and recession is concerning, but it also gives Canadian entrepreneurs time to prepare. By understanding your exposure, building financial buffers, diversifying your markets and suppliers, and knowing when to seek help, you can position your business to survive and potentially thrive during economic turbulence.
As Tiff Macklem, the Governor of the Bank of Canada, emphasized,
“Flexibility and adaptability are vital in this unpredictable economic climate.”
These words have never been more relevant for Canadian businesses.
Remember that preparation is key. The businesses that start planning now for both moderate and severe trade war scenarios will be best positioned to navigate whatever economic challenges emerge in the coming months.
Need Help Navigating These Uncertain Trade War Times?
I hope you’ve found this trade war Brandon’s Blog helpful. If you or someone you know is struggling with too much debt, remember that the financial restructuring process, while complex, offers viable solutions with the right guidance. As a licensed insolvency trustee serving the Greater Toronto Area, I help entrepreneurs understand their options and find a path forward during financial challenges.
At the Ira Smith Team, we understand the financial and emotional components of debt struggles. We’ve seen how traditional approaches often fall short in today’s economic environment, so we focus on modern debt relief options that can help you avoid bankruptcy while still achieving financial freedom.
The stress of financial challenges can be overwhelming. We take the time to understand your unique situation and develop customized strategies that address both your financial needs and emotional well-being. There’s no “one-size-fits-all” approach here—your financial solution should be as unique as the challenges you’re facing.
If any of this sounds familiar and you’re serious about finding a solution, reach out to the Ira Smith Trustee & Receiver Inc. team today for a free consultation. We’re committed to helping you or your company get back on the road to healthy, stress-free operations and recover from financial difficulties. Starting Over, Starting Now.
The information provided in this blog is intended for educational purposes only. It is not intended to constitute legal, financial, or professional advice. Readers are encouraged to seek professional advice regarding their specific situations. The content should not be relied upon as a substitute for professional guidance or consultation. The author, Ira Smith Trustee & Receiver Inc., and any contributors do not assume any liability for any loss or damage.