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.
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.
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.
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.
Forgiving Student Loans: Introduction To The Piekut Case
Are you struggling with student loan debt in Canada? Wondering if there’s any way to get those loans forgiven through bankruptcy? You’re not alone. Many Canadians find themselves burdened by student debt long after graduation, and the path to financial freedom can seem unclear.
A recent Supreme Court of Canada (SCC) decision has changed the landscape of forgiving student loans through bankruptcy. This ruling, known as the Piekut case, affects anyone with government student loans who might be considering bankruptcy as a solution.
As a Licensed Insolvency Trustee helping Canadian consumers and entrepreneurs in the Greater Toronto Area navigate their financial challenges daily, I want to break down what this important court decision means for you in clear, simple terms.
The Basics: Student Loans and Bankruptcy in Canada
What Are Student Loans?
Before diving into bankruptcy details, let’s clarify what we mean by student loans in Canada:
Student loans are financial assistance provided by the federal and provincial/territorial governments to help Canadians afford post-secondary education. These federal loans and provincial loans typically cover:
Tuition fees
Textbooks and supplies
Living expenses during your studies
Most students don’t have to make payments while studying full-time, and interest usually doesn’t start accumulating until after you finish school. This grace period is meant to give you time to find a job before repayment begins.
How Does Bankruptcy Work in Canada?
Bankruptcy is a legal process designed to help people who cannot pay their debts. When you file for bankruptcy:
You surrender certain assets to a Licensed Insolvency Trustee
In exchange, most of your unsecured debts are legally discharged
You get a fresh financial start
However, not all debts are treated equally in bankruptcy. The Bankruptcy and Insolvency Act (BIA) specifies certain types of debt that cannot be easily discharged, and government student loans fall into this special category.
The Evolution of Forgiving Student Loans in Bankruptcy
The rules around forgiving student loans through bankruptcy have changed several times over the years:
Before 1997: The Early Days
In this period, student loans were generally treated like other unsecured debts in bankruptcy. If you declared bankruptcy, your student loans could be discharged along with your other debts.
1997: The First Restriction
The government introduced a rule that student loans couldn’t be automatically discharged if you went bankrupt within two years of finishing school. This was the beginning of special treatment for student loans in bankruptcy law.
1998: Tightening the Rules
Just a year later, the waiting period was extended dramatically, from two years to ten years. This meant you had to wait a full decade after finishing school before your student loans could be discharged through bankruptcy.
2005: Finding Middle Ground
In 2005, the government eased the restrictions somewhat:
The non-discharge period was reduced from ten years to seven years
A hardship provision was added, allowing people to apply for relief after five years
These changes attempted to balance the government’s desire to protect taxpayer-funded loan programs with the need to give struggling borrowers a path to financial recovery.
Your government student loans will not be automatically discharged through bankruptcy if you file within seven years after you ceased being a full-time or part-time student.
Simple enough, right? Not quite. The challenge has been determining exactly when that seven-year clock starts ticking, especially for people who return to school multiple times.
Forgiving student loans
The Big Question: When Does Someone “Stop Being a Student”?
This is where things get complicated, and where the Piekut case becomes so important.
Imagine this scenario: You attend university for a few years and take out student loans. Then you work for a while before deciding to go back to school for additional education (maybe with or without taking out more loans). Later, you find yourself in financial trouble and consider bankruptcy.
When does the seven-year period begin in this situation? After your first period of study ended? Or only after your final period as a student?
Two Competing Interpretations
Before the SCC’s decision, courts across Canada were split between two different approaches:
The “Single-Date” Approach
Courts in Quebec and British Columbia followed the “single-date” approach, which says:
There is only one date when you “ceased to be a student” for bankruptcy purposes
That date is the very last time you were a student before filing for bankruptcy
Even if you had long gaps between periods of study, the seven-year clock only starts after your final period of education
The “Multiple-Date” Approach
Courts in Ontario and Newfoundland and Labrador used the “multiple-date” approach, which argues:
You can have several dates when you “ceased to be a student”
Each date corresponds to the end of a different program or period of study
The seven-year clock for loans from earlier periods can start running even if you return to school later
These different interpretations created confusion and inconsistency across Canada. The SCC needed to decide which approach was correct.
Meet Ms. Piekut: The Case That Made It to the SCC
Izabela Piekut’s situation perfectly illustrates why this legal question matters. Here’s her educational timeline:
1987-1994: Post-secondary education (with federal student loans)
1994-1995: More post-secondary education (with federal student loans)
2002-2003: Further post-secondary education (with federal student loans)
2006-2009: Another program (self-funded, no new loans)
October 2013: Filed a consumer proposal listing her student loan debt
Ms. Piekut argued that she “ceased to be a student” in 2003, the last time she received government student loans. Since she filed her consumer proposal in 2013, more than seven years had passed since that date, and she believed her loans should be eligible for discharge.
However, the government argued that she remained a student until 2009, when she completed her final program. Since only four years had passed between 2009 and her 2013 consumer proposal, her student loans would not be eligible for discharge.
The courts in British Columbia sided with the “single-date” approach, but because courts elsewhere in Canada were using different interpretations of the same law, Ms. Piekut took her case all the way to the Supreme Court of Canada.
Forgiving student loans
Forgiving Student Loans: What the SCC Considered
The SCC didn’t just look at Ms. Piekut’s specific situation. They examined several important factors to determine the correct interpretation of the law:
The Wording of the Law
The judges carefully analyzed section 178(1)(g)(ii) of the BIA, focusing on key phrases like “the date” and “ceased.” They also compared the English and French versions of the law to look for additional clarity.
The Context of the Law
They considered how this section fits with other parts of the BIA, particularly section 178(1.1), which allows for a hardship application after five years.
The Purpose Behind the Law
The Court examined why Parliament created these special rules for student loans in the first place:
To reduce government losses from student loan defaults
To ensure student loan programs remain sustainable for future students
To give graduates a reasonable time to use their education to secure employment and repay their loans
To discourage people from using bankruptcy solely to avoid repaying their student loans
The Practicalities of Student Loan Programs
The Court also considered how federal and provincial student loan programs operate, including their definitions of full-time and part-time student status.
The SCC’s Decision On Forgiving Student Loans: The “Single-Date” Approach Wins
In its decision released on April 17, 2025, the majority of the SCC judges sided with the “single-date” approach. They ruled that for bankruptcy law, there is only one date when a person “ceased to be a full- or part-time student,” and that is the last date they were a student before filing for bankruptcy.
For Ms. Piekut, this meant that because she was a student until 2009 and filed her consumer proposal in 2013 (only four years later), her student loans were not eligible for automatic discharge.
Forgiving student loans
Why the Court Chose the Single-Date Approach In The SCC Piekut Decision
The SCC Piekut decision listed several compelling reasons for their decision:
The Language of the Law
The Court pointed out that section 178(1)(g)(ii) uses singular terms like “the date” and “ceased,” suggesting a single, final point in time. The word “ceased” implies a permanent end to something—in this case, student status.
If someone returns to school, their status as a student hasn’t truly “ceased” in a final way until their very last period of studies ends.
Consistency with Other Parts of the Law
The Court also examined section 178(1.1), the hardship provision that allows for potential relief after five years. This section also refers to when a person “ceases to be a full- or part-time student.”
For the law to be consistent, both sections should refer to the same date—the last date of study. The French version of section 178(1.1) was particularly convincing, as it uses language that indicates a final point of ceasing to be a student.
Supporting the Purpose of the Law
The Court believed the single-date approach better fulfilled Parliament’s intentions in creating these rules. By starting the seven years after a person’s final time as a student, it:
Gives graduates a continuous period to benefit from all their education
Provides time to secure employment and establish financial stability
Helps prevent people from declaring bankruptcy shortly after finishing their education, only to benefit from it later
Avoiding Unfair Situations
The Court argued that the multiple-date approach could lead to illogical results. For example, someone could have a short break between programs, and the seven-year clock for their first loans could start running even though they quickly return to school and continue enjoying student benefits.
This could potentially allow them to discharge their earlier loans even if they haven’t had a proper opportunity to repay them due to being a student for most of the time.
The Dissenting Opinion On Forgiving Student Loans: What the Minority Thought
While the majority of SCC judges agreed on the single-date approach, three judges had a different view. They argued that the seven-year period should work in a forward-looking way from each time someone stopped being a student.
These dissenting judges believed that once seven years had passed since someone stopped being a student for a particular period of study, the loans related to that period should be eligible for discharge, even if the person returned to school later.
They felt the single-date approach could lead to unfair results in some cases, where someone who has been out of school for many years could have their loans remain non-dischargeable simply because they decided to further their education.
However, despite this disagreement, the majority’s “single-date” decision is now the law across Canada.
Forgiving student loans
What This Means for Canadians Looking For Forgiving Student Loans
The SCC’s decision in the Piekut case has established a clear standard for all of Canada. Here’s what it means for people with government student loans who are considering bankruptcy or a consumer proposal:
The Seven-Year Clock Starts After Your Last Studies
The seven-year period during which your government student loans cannot be discharged through bankruptcy begins only after you have finished being a student. This applies to both full-time and part-time studies under federal or provincial student loan program rules.
Returning to School Resets the Clock
If you go back to school—even if you don’t take out new student loans—the seven-year countdown will restart after you finish that latest period of study.
No Separate Timelines for Different Loans
You cannot argue that the seven years should be calculated separately for loans taken out during different periods of study. What matters is when you last stopped being a student, not when you took out each loan.
Discharging Student Loans Within Seven Years Is Difficult
Unless you can qualify for the five-year hardship provision (which I’ll discuss next), it will be very challenging to get your government student loans discharged through bankruptcy if less than seven years have passed since you were last a student.
Is There Any Hope for Earlier Relief? The Five-Year Hardship Provision For Forgiving Student Loans
Even if it hasn’t been seven years since you were last a student, there is still a possibility of getting relief from your student loan debt through bankruptcy.
Section 178(1.1) of the BIA allows you to apply to the court to have your student loans discharged if at least five years have passed since you stopped being a student.
However, this isn’t automatic. To get this relief, you need to convince the court of two things:
You have acted in good faith in dealing with your student loan debt (meaning you’ve made reasonable efforts to repay)
You are experiencing significant financial hardship that will continue, making it impossible for you to repay the debt
This is known as a “hardship application,” and the court has the discretion to decide whether to grant it based on your specific circumstances.
Some factors courts typically consider when evaluating hardship applications include:
Your income and employment situation
Your living expenses and family responsibilities
Any medical issues or disabilities affecting your ability to work
Your efforts to find employment in your field of study
Previous attempts to make loan payments or negotiate repayment plans
Forgiving student loans
Common Questions About Forgiving Student Loans Through Bankruptcy
Do Private Student Loans Follow the Same Rules?
No, the seven-year rule specifically applies to government student loans (federal and provincial). Private loans from banks or other lenders are generally treated like other unsecured debts in bankruptcy and can be discharged regardless of when you finished school.
What If I’ve Consolidated My Student Loans?
Consolidating your eligible student loans doesn’t change their status under bankruptcy law. Even if you’ve combined multiple loans into one, the seven-year rule still applies based on when you last ceased to be a student.
Does Taking a Single Course Reset the Seven-Year Clock?
It depends on whether that course qualifies you as a “full-time or part-time student” under the rules of your student loan program. Generally, taking a single course wouldn’t reset the clock unless it meets the program’s definition of part-time studies.
What About Student Lines of Credit from Banks?
Student lines of credit from private financial institutions are different from government student loans. They’re typically direct loans given to eligible borrowers treated like regular unsecured debt in bankruptcy, and don’t have the same seven-year restriction.
Do I Need to Prove My Student Loan Status in Bankruptcy?
Another question addressed in the Piekut case was whether the government needs a separate court order to prove its student loan claim in bankruptcy.
The SCC clarified that the government doesn’t need to get a special court order. Student loan debts are established by law and can typically be proven with records. The government just needs to file a standard proof of claim in the bankruptcy process.
Getting Help with Your Student Loan Debt
Navigating bankruptcy and the rules around student loan debt can be overwhelming. If you’re struggling with student loans and considering bankruptcy or a consumer proposal, professional advice is essential.
As a Licensed Insolvency Trustee, I can help you:
Understand how the Piekut decision affects your specific situation
Determine when your seven-year period begins based on your educational history
Consider alternatives to bankruptcy that might better suit your situation
Forgiving student loans
Beyond Bankruptcy: Other Options for Managing Student Loan Debt
While this article focuses on forgiving student loans through bankruptcy, it’s worth mentioning that there are other student loan forgiveness programs available to help Canadians manage their student loan debt:
Repayment Assistance Plan (RAP)
The federal and most provincial governments offer Repayment Assistance Plans that can:
Reduce your monthly student loan payments
Cover the interest portion of your loan payment
In some cases, contribute to the principal as well
RAP is available to borrowers who are having difficulty making their loan payments due to financial hardship.
Revision of Terms
You may be able to negotiate changes to your repayment terms, such as:
Extending your repayment period
Making interest-only payments for a period
Adjusting your payment schedule
Severe Permanent Disability Benefit
If you have a severe permanent disability that prevents you from working and repaying your loans, you may qualify for loan forgiveness under this program.
Some provinces offer their loan forgiveness programs for graduates who work in certain fields or in underserved areas. These typically apply to provincial portions of student loans.
Conclusion: Understanding Forgiving Student Loans After the Piekut Decision
The SCC’s decision in Piekut v. Canada (National Revenue) has provided much-needed clarity on how student loans are treated in bankruptcy. The “single-date” approach means the seven-year waiting period starts only after you complete your final period of studies.
While forgiving student loans through bankruptcy within seven years of finishing school remains challenging, it becomes possible after this period or through a successful hardship application after five years.
Understanding these rules is crucial for anyone struggling with student loan debt in Canada and considering debt relief options. The path to financial freedom may seem long, but knowing your options is the first step toward taking control of your financial future.
Remember, every financial situation is unique. A Licensed Insolvency Trustee can help you understand how these rules apply to your specific circumstances and guide you toward the best solution for your needs.
Don’t let student loan debt hold you back from building the future you deserve. With the right information and support, you can find a path forward—whether through bankruptcy after the seven years, a successful hardship application, or one of the many government assistance programs designed to help Canadians manage their student loan debt.
I hope you’ve found this forgiving student loans 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.
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.
Have you ever wondered what happens when a company can’t pay its debts? In the case of Canadian Motor Freight Ltd., a Mississauga, Ontario-based logistics company providing seamless transportation solutions, the situation became a legal drama that teaches us important lessons about following court orders.
What Happened to Canadian Motor Freight Ltd.?
Canadian Motor Freight Ltd. was a logistics company that ran into serious money problems. By October 2024, the company owed over $20 million to Canadian Western Bank (CWB) and couldn’t keep up with payments. This financial crisis led to a court process called “receivership,” in which a licensed insolvency trustee is appointed to take control of a company’s assets to sell the assets to help pay back all or a portion of what is owed.
The Road to Receivership
The court put Canadian Motor Frleight Ltd. into interim receivership on October 8, 2024, and then full receivership on November 15, 2024. This interim receiver appointment happened because:
The company stopped making loan payments to CWB
The company gave false financial information to the bank
The business had consistent losses
Beyond the CWB debt, they owed around $1.7 million to equipment financing companies
They were selling their accounts receivable to another company (REV Capital) without telling CWB
The City of Mississauga had started the tax sale proceedings process to sell CMF’s property due to unpaid taxes
Because of these serious issues, the court went from an interim receiver to a full receiver. The Receiver’s job was to take control of all Canadian Motor Freight Ltd.‘s assets and manage them to pay back creditors as fairly as possible.
The Missing Trucks Mystery
One of the most valuable things Canadian Motor Freight Ltd. owned was its fleet of trucks. These vehicles were essential assets that could be sold to help pay back some of the debt. However, instead of cooperating with the receiver as required by law, management made a fateful decision.
Rather than turning over the trucks to the receiver, company managers moved all the vehicles to a different location – a yard owned by a company called United Group of Companies. This move directly violated the court’s receivership order.
Trying to Recover the Assets
When the receiver discovered the trucks were missing, they tried to talk with United Group to gain access to the vehicles. When these discussions failed, the receiver had to return to court to get a specific “Asset Recovery Order” that directed United Group to allow the receiver onto their property to take possession of the trucks.
Unfortunately, this didn’t solve the problem. United Group and its management refused to comply with this new court order. They wouldn’t let the receiver take the trucks as directed by the court. This direct defiance of a court order is considered very serious in the Canadian legal system.
When Ignoring Court Orders Leads to Contempt
Because both Canadian Motor Freight Ltd.’s management and United Group weren’t following the court’s instructions, the receiver took further legal action. The receiver asked the court to hold both companies and their management in contempt of court for disobeying both the original Receivership Order and the Asset Recovery Order.
The evidence showed a clear pattern of defiance:
Debtor company’s management deliberately moved the trucks to United Group’s yard despite knowing about the Receivership Order
United Group refused to allow the receiver access to take the trucks
United Group demanded payments they weren’t entitled to before they would cooperate
After being specifically ordered to provide access, United Group secretly moved the trucks again to unknown locations
The judge strongly criticized these actions, saying the parties were playing a “shell game” with the company’s assets and “thumbing their nose” at the court. This kind of behaviour undermines the entire legal system.
The Contempt Ruling
The judge found that both Canadian Motor Freight Ltd.‘s management and United Group’s management were guilty of civil contempt. In Canada, three main elements must be proven for civil contempt:
The court orders must be clear and understandable
The people accused must have known about the orders
The violation of the orders must have been intentional
The judge determined that all three conditions were met in this case. United Group claimed they were just “negotiating” with the receiver, but the judge dismissed this excuse, seeing it as just a delay tactic.
The judge then scheduled a sentencing date, giving the parties a chance to fix the situation before final penalties were decided. It is very normal for courts to allow those accused of contempt of court to take the right steps to purge their contempt. Most people take advantage of that opportunity so that they are no longer running afoul of court orders.
Because of these actions, the judge sentenced the leader of United Group to spend four days in jail. This person was considered the “directing mind” of the company, meaning they were the main decision-maker. The judge also ordered several other individuals involved in the case to pay different amounts of money to cover legal costs.
United Group itself received a much larger financial penalty, having to pay a significantly higher amount in costs than the individuals. These penalties show how seriously the court took the failure to follow orders in the Canadian Motor Freight Ltd. case.
Taking It to a Higher Court
Not accepting the contempt findings, both Canadian Motor Freight Ltd. and United Group (along with their management) appealed to the Court of Appeal for Ontario. They hoped the higher court would overturn the original judge’s decision.
However, on April 8, 2025, the Court of Appeal dismissed both appeals, fully supporting the original judge’s findings. The Court of Appeal explained their reasoning:
The original judge had provided detailed and clear reasons for the contempt finding
The so-called “negotiations” were correctly identified as delay tactics
The companies and their management failed to show that the original judge made any serious errors
The Receivership Order clearly stated that all of the company’s property had to be turned over to the receiver
Management knew about this order and intentionally disobeyed it
The sentences given by the original judge were appropriate and possibly even “on the lenient side.”
The Court of Appeal concluded with a powerful statement:
“It is a fundamental principle that orders of a court are to be obeyed. They are not to be stalled, and they are not to be negotiated. Serious consequences are to be expected by anyone who wilfully fails to obey a court order.”
The Wider Financial Problems at Canadian Motor Freight Ltd.
The case of Canadian Motor Freight Ltd. reveals a company facing enormous financial challenges. Online industry forums like InsideTransport.com had threads discussing CMF’s situation starting in October 2024, showing that people in the trucking industry were aware of the company’s troubles.
Documents from the receivership process provide more details about the company’s financial state. A Motion Record includes various documents related to the receivership, including:
Examination of company officials to gather information about assets
Lists of company receivables and customers
Communications between the receiver and legal representatives
Evidence of returned checks due to insufficient funds from earlier in 2024
Financial statements showing significant expenses against their revenue
The 2023 financial statements for the company showed sales of over $21 million but also revealed major expenses.
All these factors contributed to the company’s inability to meet its financial obligations, ultimately leading to receivership.
How Receivership Works in Canada
To better understand the Canadian Motor Freight Ltd. case, it helps to know how receivership works in Canada. Receivership is a legal process used when a company can’t pay its debts and creditors need help recovering their money.
The Receivership Process
Court Appointment: A creditor (like a bank) asks the court to appoint a receiver, usually when a company has defaulted on loans.
Taking Control: Once appointed, the receiver takes control of the company’s assets. Company management must cooperate and turn over all property and records.
Asset Management: The receiver evaluates assets, may continue running the business temporarily, and eventually sells assets to generate funds.
Debt Repayment: Money from asset sales goes toward paying creditors according to legal priorities.
For Canadian Motor Freight Ltd., this process began when Canadian Western Bank sought the court’s help to recover their $20+ million. The receiver was appointed to manage the company’s assets, including the valuable truck fleet that later became the center of the contempt case.
Why Court Orders Must Be Followed
The Canadian Motor Freight Ltd. case highlights a crucial aspect of our legal system: court orders aren’t suggestions – they’re commands that must be obeyed. There are several reasons why following court orders is essential:
Legal Consequences
As seen with Canadian Motor Freight Ltd. and United Group, failing to follow court orders can lead to:
Being found in contempt of court
Financial penalties
Potential jail time for individuals
Damage to business and personal reputations
System Integrity
Our legal system works only if people respect court authority. If people could pick and choose which orders to follow, the entire system would break down. The Court of Appeal emphasized this point in its ruling on this case.
Fair Resolution of Disputes
Court orders ensure that conflicts are resolved fairly. In receivership cases like Canadian Motor Freight Ltd., the process helps ensure that creditors are treated according to established legal priorities rather than allowing some parties to gain unfair advantages.
The Impact on the Trucking Industry
While the Canadian Motor Freight Ltd. case focuses on one company’s struggles, it raises questions about the broader Ontario trucking industry. The trucking sector faces numerous challenges:
Rising Costs
The financial documents from Canadian Motor Freight Ltd. highlight the significant costs of running a trucking operation:
Fuel costs in the millions
High insurance premiums
Equipment financing payments
Maintenance expenses
Thin Profit Margins
Trucking companies often operate on slim profit margins, making them vulnerable when costs rise or when economic downturns reduce shipping demand.
Competitive Pressures
The logistics industry is highly competitive, with companies often underbidding each other to win contracts, sometimes at unsustainable rates.
Regulatory Requirements
Trucking companies must comply with numerous regulations regarding safety, driver hours, vehicle maintenance, and environmental standards, all of which add to operational costs.
While we can’t say from this single case whether the entire Ontario trucking industry faces similar problems, the Canadian Motor Freight Ltd. situation highlights the financial pressures that can push logistics companies to the breaking point.
Lessons from the Canadian Motor Freight Ltd. Case
The story of Canadian Motor Freight Ltd. offers several important lessons for businesses and individuals:
1. Court Orders Are Non-Negotiable
The primary lesson is that court orders must be followed. The Court of Appeal made it clear that orders “are not to be stalled, and they are not to be negotiated.”
2. Transparency with Creditors is Essential
Canadian Motor Freight Ltd.‘s provision of false financial information to CWB contributed to its problems. Being honest with lenders about financial difficulties might lead to workable solutions before receivership becomes necessary.
3. Legal Problems Compound When Ignored
What started as financial difficulties for Canadian Motor Freight Ltd. escalated into contempt of court findings when company leadership tried to hide assets rather than comply with the receivership process.
4. Expert Help is Valuable During Financial Distress
Companies facing financial problems should seek qualified legal and financial advice early. Professional guidance can help navigate difficult situations and potentially avoid the more severe consequences of receivership.
Conclusion: Respect for the Legal Process
The Canadian Motor Freight Ltd. receivership saga demonstrates the serious consequences that can follow when court orders are ignored. From the initial financial troubles to the contempt findings and appeals, this case reinforces a fundamental principle of our legal system: court orders must be respected and obeyed.
For businesses facing financial difficulties, the case serves as a cautionary tale about the importance of transparency, cooperation, and compliance with legal processes. While financial problems are challenging, attempting to hide assets or obstruct court-appointed receivers only makes the situation worse.
The Court of Appeal’s firm stance in upholding the contempt findings against Canadian Motor Freight Ltd. and United Group sends a clear message about the importance of court authority in ensuring that financial disputes are resolved fairly and according to established legal procedures.
As we follow developments in the trucking and logistics industry, the Canadian Motor Freight Ltd. case will likely be remembered as an important example of how not to handle a company’s financial crisis and the serious consequences that can follow when court orders are defied.
I hope you’ve found this Canadian Motor Freight Ltd. 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.
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.
As a licensed insolvency trustee serving the Greater Toronto Area, I’ve seen firsthand how unexpected financial pressures can push individuals and businesses to the brink. One growing concern for Canadians is the impact of United States tariffs on our economy, businesses, and finances.
In this Brandon’s Blog, I explore how the claims surrounding the United States Trump administration’s tariff program will impact household and business finances, debunking myths and clarifying truths about tariff collection and increases in consumer prices.
Definition and Purpose of Tariffs
Tariffs are essentially taxes or duties imposed by one country on goods and services imported from another country. When the United States places them on Canadian lumber, for example, American companies buying that lumber must pay the additional tax, making Canadian wood more expensive in the United States market.
Governments, including the Government of Canada, implement them for several key reasons:
Protection for Domestic Industries: Making foreign products more expensive gives local manufacturers a price advantage. The United States may place them on Canadian steel to help American steel producers compete more effectively against their Canadian counterparts.
Revenue Generation: Historically, before income taxes became common, tariffs were a major source of government income. Even today, they continue to generate billions in revenue for governments worldwide.
Political Leverage: Countries often use them(and counter – tariffs) as bargaining chips in larger trade negotiations or to apply pressure during international disputes. Merely the threat can push trading partners to change their policies on other issues.
Trade Deficit Reduction: Some governments believe that placing them on imported goods will reduce the number of foreign products entering their country, potentially reducing their trade deficit.
For Canadian businesses, understanding tariffs isn’t just about economics textbooks—it’s about survival. When a 10% or 25% rate applies to your domestic products entering the United States market, your competitive position changes overnight. Your American customers face an immediate price increase, even though your actual costs haven’t changed.
What makes them particularly challenging for business planning is their unpredictability. They can be announced with little warning, implemented quickly, and changed or removed just as suddenly, depending on political winds. This uncertainty makes long-term business planning extremely difficult for Canadian companies that rely on cross-border trade.
As we’ve seen in recent years, tariffs rarely exist in isolation. When the United States imposes them on Canadian goods, Canada typically responds with retaliation against United States products. This back-and-forth creates a “tariff war” where both sides face economic consequences—and businesses and consumers on both sides of the border end up paying the price.
Historical Background of Canada-United States Tariffs
Their use in Canada-United States trade relations isn’t a new phenomenon—it’s part of a long history that has shaped our economic relationship for generations.
In the early days after Confederation, Canada used high tariffs as part of the National Policy to protect our emerging industries from American competition. This helped build Canadian manufacturing but also increased costs for consumers.
The modern era of Canada-United States trade began with the Auto Pact in 1965, which eliminated tariffs on vehicles and parts between our countries. This agreement showed how both nations could benefit from their reduction and set the stage for bigger changes.
The real breakthrough came in 1989 with the Canada-United States Free Trade Agreement, followed by NAFTA in 1994, which included Mexico. These historic agreements removed most tariffs between our countries, leading to a dramatic increase in cross-border trade. Many Canadian businesses built their entire business models around relatively free access to the US market.
For nearly 25 years, Canadian companies operated with relative certainty about cross-border trade rules. This stability allowed businesses to:
Make long-term investments in export capacity
Build integrated supply chains across the border
Develop specialized domestic products for the United States market
Create jobs dependent on United States-bound exports
This relatively tariff-free environment began to change in 2018 when the United States imposed new tariffs on Canadian steel (25%) and aluminum (10%), citing “national security concerns.” These tariffs came as a shock to many Canadian businesses that had never imagined such barriers returning to our trade relationship.
Canada responded with retaliatory tariffs on American products ranging from steel to maple syrup to playing cards—specifically targeting products from politically important US states. This tit-for-tat approach marked the beginning of a new, more uncertain era in Canada-United States trade.
Though NAFTA was eventually replaced by the Canada- United States- Mexico Agreement (CUSMA or USMCA) in 2020, the threat of sudden tariff changes continues to hang over Canadian businesses. The steel and aluminum tariffs were eventually lifted, but they demonstrated how quickly the cross-border business environment could change.
This historical context helps explain why today’s tariff threats create such significant financial stress for Canadian businesses. After decades of building business models around tariff-free trade, many companies lack the financial reserves or flexibility to quickly adapt to new trade barriers.
For businesses already operating on thin margins, these sudden shifts in trade policy can be the final push toward insolvency – turning profitable operations into financial crises virtually overnight.
Why Should Canadians Care About Tariffs?
As more fully described above, tariffs are taxes placed on imported goods. When the United States adds tariffs to Canadian products crossing the border, those products become more expensive for American buyers. This means Americans may buy fewer Canadian goods, hurting our businesses that rely on United States sales.
At the same time, when Canada places retaliatory tariffs on United States goods coming into our country, those products become more expensive for Canadian consumers and businesses. Either way, tariffs lead to higher prices and financial strain for many Canadians.
Tariffs and Economic Impact
When tariffs enter the picture, they create ripple effects that extend far beyond the specific products being taxed. For Canadian businesses and consumers, these economic impacts can be wide-ranging and sometimes surprising in how they affect our financial well-being.
Impact on Global Trade
Tariffs fundamentally change the flow of goods across borders. When the United States imposes tariffs on Canadian steel or aluminum, our Canadian exports to that market typically decline—sometimes dramatically. It is not unusual for companies to see sales to the United States drop by 30-40% within months of new tariffs being announced.
Global supply chains have become incredibly complex, with parts and materials often crossing borders multiple times before becoming finished products. A single component might face tariffs several times in its journey, with costs multiplying at each step.
For Canadian exporters, tariffs can:
Force price increases that make their Canadian products uncompetitive
Require costly paperwork to prove product origin
Create unpredictable shipping delays at border crossings
Necessitate expensive restructuring of supply chains
I recently consulted with a Mississauga-based auto parts manufacturer navigate insolvency after navigating effectively closed off their primary market. Despite having quality domestic products and efficient operations, the added tariff rates made their pricing untenable for American customers.
Effect on Domestic Markets
When Canadian companies can’t sell to the United States due to tariffs, they often redirect those Canadian products to the domestic market. This sudden increase in supply can drive down prices for Canadian competitors who have always focused on local sales.
I’ve seen this play out in several sectors:
A BC lumber producer facing decreased United States demand flooded local markets, driving down prices for everyone
Ontario steel fabricators who couldn’t export began undercutting each other in Canada
Food producers redirected export-quality products to domestic markets at reduced prices
While lower prices might seem positive for consumers, they can be devastating for Canadian businesses that suddenly face unexpected local competition. These market disruptions can push even well-managed companies toward financial crisis.
On the flip side, when the Government of Canada imposes retaliatory tariffs on United States goods, some Canadian producers benefit from reduced foreign competition. However, these benefits are often outweighed by higher input costs and general market uncertainty.
Influence on Consumer Prices
At the end of the day, Canadian consumers usually bear much of the burden of tariffs. When Canada places tariffs on United States products, the prices of those goods typically rise in Canadian stores. Products from kitchen appliances to food items have become more expensive for Canadian families.
Even goods not directly subject to tariffs often see price increases. For example:
When steel tariffs increase the cost of manufacturing equipment, companies pass those costs on through higher prices
When transportation companies pay more for vehicles and parts due to tariffs, shipping costs rise for all products
When businesses face higher costs for imported raw materials, they adjust pricing across their product lines
For families already struggling with household budgets, these price increases can push them closer to financial difficulty. In my practice, I’ve recently seen more clients citing rising prices as a factor in their financial troubles, with many specifically mentioning items affected by cross-border tariff rates.
The timing of these price increases can be particularly challenging. Unlike gradual inflation that allows for budget adjustments, tariff-related price jumps often happen suddenly. A refrigerator that cost $1,200 last month might be $1,500 today because of new tariffs—with no warning for the consumer who needs to replace a broken appliance.
For Canadian households and businesses already operating close to the financial edge, these unexpected price increases can be the tipping point that leads them to seek insolvency advice. When combined with potential job losses in tariff-affected industries, the overall impact on family finances can be severe.
The Real-Life Bottom Line On How the United States’ Tariff Policies Are Affecting Canadian Businesses
Many Canadian companies depend heavily on exporting to the United States market. When faced with tariffs, these businesses must make difficult decisions:
Absorb the extra costs, reducing their profits
Raise prices for United States customers, potentially losing sales
Cut costs elsewhere, often leading to layoffs
Seek new markets, for example, Asian countries, which takes time and investment
For example, Canadian steel and aluminum producers felt immediate impacts when the United States imposed tariffs on these materials. Many had to reduce production or lay off workers because their domestic products suddenly became less competitive in the United States market.
The Ripple Effect on Canadian Jobs and Communities
When major employers struggle with tariff issues, entire communities can suffer:
Job losses lead to reduced consumer spending
Local businesses lose customers
Municipal tax revenues decrease
Housing markets may weaken
These ripple effects can touch nearly every aspect of Canadian economic life, creating financial pressure on individuals and families who may have never considered themselves at risk for insolvency.
From Business Struggles to Personal Financial Crisis
As a licensed insolvency trustee, I’m seeing more cases where tariff-related business challenges eventually lead to financial problems:
Business owners using personal credit to keep their companies afloat
Employees facing reduced hours or job loss
Suppliers and contractors not getting paid on time or at all
Retirement savings being depleted to cover immediate needs
Many Canadians are just one or two paycheques away from serious financial trouble. When tariffs disrupt their income or increase their expenses, the path to insolvency can be surprisingly short.
Real-World Examples of Tariff Impact
Consider these scenarios I’ve encountered:
A small manufacturing company in Mississauga that supplied parts to United States automotive plants saw orders drop by 30% after tariffs made their products less competitive. The owner maxed out personal credit cards trying to keep the business going before finally seeking insolvency protection.
A family-run food importing business in Markham faced a double hit: United States tariffs reduced their Canadian exports while Canadian retaliatory tariffs increased costs on their imports. This squeeze on both sides of their business forced them to consider bankruptcy.
A Toronto construction contractor who relied on American inputs found project costs rising unexpectedly due to the Trump tariffs, turning profitable jobs into money-losing commitments.
Warning Signs That Tariffs May Be Pushing You Toward Insolvency
Watch for these red flags in your personal or business finances:
Using credit cards or lines of credit to pay for everyday expenses
Struggling to make minimum payments on debts
Receiving collection calls about overdue accounts
Having suppliers demand cash on delivery
Experiencing sudden drops in sales or income related to cross-border business
How to Protect Your Financial Health During Trade Disputes
While we can’t control international trade policies, there are steps Canadians can take to reduce their vulnerability:
Diversify your customer or supplier base beyond the United States market
Build an emergency fund to weather temporary financial setbacks
Review your business model to identify areas where you can cut costs
Consider Canadian alternatives to United States products facing tariffs
Monitor your debt levels closely and address problems early
When to Seek Professional Help
If tariff-related financial pressures are becoming overwhelming, don’t wait until crisis hits to get help. As an insolvency professional, I find that early intervention often provides more options and better outcomes.
Consider seeking advice if:
You’re using debt to cover operating expenses
Your debt payments exceed 40% of your income
You’re considering drastic measures like cashing out retirement savings
You’re losing sleep over financial worries
Looking Forward: Preparing for Future Tariff Uncertainty
Trade relationships between Canada and the United States have always experienced ups and downs. While we hope for stability, it’s wise to prepare for potential changes:
Stay informed about trade discussions and policy changes
Build flexibility into your business and personal financial plans
Consider financial stress testing for your business
Maintain good relationships with your financial institution
Frequently Asked Questions About Tariffs and Their Impact on Canadians
As a licensed insolvency trustee serving clients throughout the Greater Toronto Area, I receive many questions about how tariffs affect Canadian financial health. Here are straightforward answers to the most common questions:
What exactly is a tariff and why do governments use them?
A tariff is simply a tax that a country puts on goods coming in from another country. Think of it as an extra fee added to the price of imported products. Governments use tariffs for several reasons:
To protect local businesses by making foreign goods more expensive
To collect money for government programs
To gain leverage in negotiations with other countries
To try to balance trade between countries
When you see a “Made in Canada” product becoming more competitive against a similar American product, tariffs might be part of the reason.
How do US tariffs hurt Canadian businesses?
When the US puts tariffs on Canadian products, those products become more expensive for American customers. This creates serious challenges for Canadian companies:
American customers may buy fewer of their products
Companies might have to cut their prices and lose profit
Businesses often need to reduce costs, sometimes through layoffs
Finding new customers in other countries takes time and money
I consulted with a manufacturing client who saw their US orders drop by 40% almost overnight after new tariffs were announced. This sudden change can quickly push a healthy business toward financial trouble.
What’s the history of tariffs between Canada and the US?
Our tariff relationship with the US has changed dramatically over time:
After Confederation, Canada used high tariffs to protect our growing industries
The Auto Pact in 1965 began removing tariffs on vehicles and parts
The Free Trade Agreement in 1989 and NAFTA in 1994 eliminated most tariffs
For about 25 years, Canadian businesses operated with few tariff concerns
In 2018, the US surprised many by putting new tariffs on Canadian steel and aluminum
Canada responded with our tariffs on American products
This history matters because many Canadian businesses built their entire operation around tariff-free access to the US market. When tariffs suddenly return, these businesses often lack the financial flexibility to adapt quickly.
Why should Canadian consumers worry about tariffs?
As a consumer, tariffs directly affect your wallet in several ways:
Products imported from the US become more expensive when Canada applies tariffs
Even Canadian-made goods might cost more if they use American materials
Companies facing higher costs typically pass those costs to consumers
Price increases from tariffs often happen suddenly, making budgeting difficult
Unlike gradual inflation that gives families time to adjust, tariff-related price jumps can happen overnight. A family appliance that cost $1,000 last month might suddenly cost $1,200 because of new tariffs.
How do tariffs affect Canadian markets?
Tariffs change how goods flow within Canada in ways that aren’t always obvious:
Canadian companies that can’t sell to the US might flood the domestic market
This increased local supply can drive down prices for Canadian companies
Some Canadian producers benefit from less American competition
Supply chains become more complex and expensive
Certain regions or industries may be hit harder than others
For example, Ontario manufacturers may not be able to compete with suddenly cheaper local products when exporters redirected their goods to the Canadian market.
Can you share real examples of tariff impacts on Canadian businesses?
A Mississauga auto parts maker lost 30% of its US customers after tariffs made their products too expensive
A food importer in Markham faced challenges on both sides: US tariffs reduced their exports while Canadian retaliatory tariffs increased their import costs
A Toronto construction contractor saw project costs rise unexpectedly when tariffs increased the price of imported building materials
These aren’t just statistics—they represent real Canadian businesses and the families who depend on them.
What warning signs show that tariffs might be pushing you toward financial trouble?
Watch for these red flags in your personal or business finances:
Using credit cards or lines of credit for everyday expenses
Struggling to make minimum payments on debts
Receiving collection calls about overdue accounts
Having suppliers demand cash on delivery
Experiencing sudden drops in sales or income related to cross-border business
Recognizing these signs early can help you take action before a financial challenge becomes a crisis.
What can Canadians do to protect themselves from tariff impacts?
While we can’t control international trade policies, there are practical steps you can take:
Diversify your business beyond the US market
Build an emergency fund to handle temporary financial challenges
Look for Canadian alternatives to products affected by tariffs
Review your business operations to find cost-saving opportunities
Monitor your debt levels closely
Seek professional advice at the first sign of financial pressure
In my experience, clients who take action early have more options and typically achieve better outcomes.
When should I talk to an insolvency professional about tariff-related financial problems?
Don’t wait for a crisis to get help. Consider talking to a licensed insolvency trustee if:
You’re using debt to cover basic operating expenses
Your debt payments exceed 40% of your income
You’re considering using retirement savings to cover current expenses
You’re losing sleep over financial worries
Your business is experiencing tariff-related revenue drops
Remember, consulting with an insolvency professional doesn’t mean you’ll end up in bankruptcy. Often, early advice can help you find alternatives that protect your financial future.
Tariff Conclusion: Taking Control of Your Financial Future
Tariffs may be beyond our control, but our response to them isn’t. By understanding the risks, monitoring your financial situation closely, and seeking help early if needed, Canadians can navigate these challenging economic waters.
Remember, financial difficulty doesn’t automatically mean bankruptcy. A licensed insolvency trustee can help you explore all your options, from debt management strategies to formal proceedings like consumer proposals or bankruptcy protection.
Don’t let international trade disputes and stock markets determine your financial future. Stay informed, be proactive, and reach out for professional guidance when needed.
I hope you’ve found this tariff 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.
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.
That blog post provided the complete history of the Hudson’s Bay Canada department store chain, explaining how it reached the point where it had to file for creditor protection under Canada’s Companies’ Creditors Arrangement Act and offering tips that all entrepreneurs and companies can learn from the company’s financial problems. This Brandon’s Blog focuses on the Court approval granted on Friday, March 21, 2025, for Hudson’s Bay Canada’s liquidation plan.
Standing in the grand halls of Hudson’s Bay in downtown Toronto feels like stepping into a piece of Canadian retail history. The store’s distinctive red, green, yellow, and blue striped blankets and classic department store layout have been familiar sights for generations of shoppers. But March 21, 2025, marks a turning point for this beloved Canadian institution.
Court Approves Hudson’s Bay Canada Liquidation Plan
The Ontario Superior Court of Justice has just granted Hudson’s Bay Canada permission to liquidate most of its stores across the country. The Honourable Justice Peter J. Osborne made the difficult Ontario court ruling decision, stating:
There’s no alternative but to approve the liquidation effective immediately to maximize the chances of success.
For shoppers who grew up visiting “The Bay,” as many Canadians affectionately call it, this news hits hard. The liquidation sales will begin next week on March 27 and are expected to continue until June 15.
The liquidation plan approved last Friday calls for the closure of:
80 Bay stores
Three Saks Fifth Avenue stores
13 Saks Off 5th locations
Will Any Hudson’s Bay Canada Stores Remain?
Originally, Hudson’s Bay Canada’s liquidation plan was to close all 80 of its department stores, plus three Saks Fifth Avenue locations and 13 Saks Off 5th stores. However, in a last-minute strategy shift, the company now hopes to keep six key locations open:
The flagship store at Yonge and Queen Streets in Toronto
Yorkdale Mall in Toronto
Hillcrest Mall in Richmond Hill
Three Quebec stores: downtown Montreal, Carrefour L
Whether these six stores can survive depends on quick negotiations with landlords, especially with their joint venture real estate partner and continued sales improvements.
Hudson’s Bay Canada: A Surprising Sales Surge
In an unexpected twist, Hudson’s Bay lawyer Ashley Taylor reported a recent surge in sales. This boost has helped the company reduce its financing needs from $23 million down to $16 million.
This sales increase shows that many Canadians still have a soft spot for Hudson’s Bay. Perhaps news of the potential closures has prompted loyal customers to visit one last time or show their support through purchases.
Hudson’s Bay Canada: What This Means for Employees
Behind the business decisions and court rulings are real people whose lives will change dramatically. Over 9,000 Hudson’s Bay employees now face an uncertain future. Andrew Hatnay, the lawyer representing these workers, has expressed serious concerns about mass terminations. He stated:
Mass terminations could drastically alter lives of over 9,000 employees.
This statement reflects the gravity of the situation. Employees are not just numbers; they are individuals with families, responsibilities, and dreams.
As HBC moves forward with its liquidation process, the potential for mass layoffs is a pressing concern. The emotional impact of losing a job can be overwhelming. It’s not just about the paycheck; it’s about stability, identity, and prospects. Many employees may face uncertainty regarding their next steps, which can lead to anxiety and stress.
Severance claims could exceed $100 million, and employees are worried about their pension plans. For many workers who have spent decades with the company, this situation is more than just headlines—it’s their livelihood at stake.
Hudson’s Bay Canada Liquidation: The Impact on Canadian Communities
When a 355-year-old department store ssretail chain like Hudson’s Bay Canada closes stores, it affects entire communities. These department stores often anchor shopping malls and downtown districts. Their absence leaves a void that goes beyond just shopping—these stores host community events and holiday celebrations, and create gathering spaces.
Local businesses that depend on the downtown store traffic Hudson’s Bay generates will also feel the impact. The closures could create a domino effect throughout retail districts across Canada.
Hudson’s Bay Canada Highlights The Changing Face of Retail
Hudson’s Bay Company, founded in 1670, is North America’s oldest company. It survived wars, depressions, and countless economic shifts. However, the rise of online shopping, changing consumer habits, and the aftermath of the pandemic have created challenges that even this historic retailer couldn’t overcome without dramatic changes.
The company’s struggles mirror those facing department stores worldwide. Shoppers increasingly prefer either discount retailers or luxury boutiques, leaving traditional department stores caught in the middle. In present-day Canada, it does not look like a national department store chain can survive.
Frequently Asked Questions: Hudson’s Bay Canada Liquidation
Why is Hudson’s Bay Canada closing so many stores?
Hudson’s Bay has struggled in recent years as shopping habits changed. More people shop online now, and many customers prefer either discount stores or high-end luxury shops instead of traditional department stores. The pandemic also hurt sales badly. These problems forced the company to seek protection from its creditors under Canadian law. When no better solution could be found, the court approved a plan to sell off inventory and close most locations.
How many Hudson’s Bay stores will be closing?
The liquidation plan affects most of Hudson’s Bay’s retail network. This includes:
80 regular Hudson’s Bay department stores
3 Saks Fifth Avenue locations
13 Saks Off 5th stores
The going-out-of-business sales start March 27, 2025, and will likely continue until June 15, 2025.
Will any Bay stores stay open?
Hudson’s Bay hopes to keep six stores running:
The main flagship store at Yonge and Queen Streets in Toronto
The store in Yorkdale Mall
Hillcrest Mall location in Richmond Hill
Three Quebec stores (downtown Montreal, Carrefour Laval, and Pointe-Claire)
Whether these stores survive depends on quick negotiations with landlords and whether sales continue to improve.
What happens to Hudson’s Bay employees?
This is a difficult time for over 9,000 people who work at Hudson’s Bay. Many face losing their jobs as stores close. The company might need to pay more than $100 million in severance to laid-off workers. Employees are also worried about their pension plans and whether these will remain secure. For people who have worked at The Bay for many years, this creates serious stress about their future.
How will communities be affected when Hudson’s Bay closes?
When a big store like Hudson’s Bay closes, the whole community feels it. These stores often anchor shopping malls and downtown areas, bringing customers who also shop at nearby businesses. Many small businesses depend on this foot traffic to survive.
Hudson’s Bay stores also host community events, holiday celebrations, and serve as meeting places. These community spaces will be lost when stores close, leaving a gap that’s about more than just shopping.
What does Hudson’s Bay’s situation tell us about retail today?
The struggles at Hudson’s Bay show how tough retail has become for traditional department stores. Even though Hudson’s Bay Company has been around since 1670 and survived countless challenges, today’s retail environment is especially difficult. Department stores are caught in the middle – they’re not as cheap as discount stores but don’t offer the special experience of luxury boutiques. Online shopping has made everything more competitive, forcing even historic retailers to adapt or face closure.
Should I use my Hudson’s Bay gift card soon?
Yes! If you have a Hudson’s Bay gift card, you should use it as soon as possible. During liquidation, there’s no guarantee how long gift cards will be accepted. The sooner you use it, the better chance you have of getting full value from your card.
Where can businesses facing similar problems get help?
Financial troubles can happen to any business, even one as established as Hudson’s Bay. Companies struggling with debt should talk to a licensed insolvency trustee who specializes in business restructuring. Getting professional advice early can sometimes help avoid more serious measures like liquidation. Look for advisors with experience in your industry who can offer specific guidance for your situation.
What Happens Next with the Hudson’s Bay Canada Liquidation?
Hudson’s Bay Canada must finalize negotiations with landlords quickly. If they can’t, even the six stores currently spared may face liquidation.
For shoppers, the next few months represent the last chance to visit many Hudson’s Bay locations before they close forever. While liquidation sales might offer bargains, they also mark the end of a retail era for many Canadians. I will repeat my warning of last week. If you hold a Hudson’s Bay gift card, use it immediately while they are still honouring them.
As this story continues to unfold, one thing is certain: the Canadian retail landscape will never be quite the same without the iconic Hudson’s Bay stores that have been fixtures in communities across the country for generations.
I hope you’ve found this Hudson’s Bay Canada 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.
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.