Tag: Ira Smith Trustee

CEBA LOAN REPAYMENT CAUSING YOU A GIGANTIC PROBLEM? HERE IS OUR COMPREHENSIVE SOLUTION GUIDE

Post author By Brandon Smith
Post date June 19, 2023

CEBA

CEBA Introduction

As businesses continue to grapple with the economic fallout of the COVID-19 pandemic, the Canadian federal government’s Canada Emergency Business Account (CEBA) loan program has proven to be a lifeline for those who qualified under the eligibility criteria. The CEBA program was available to businesses regardless of whether they were sole proprietorships, partnerships or corporations.

However, as the deadline for loan repayment approaches, many Canadian businesses are struggling to meet their obligations. Entrepreneurs fear that they may not be able to take advantage of the discount available for repaying the entire loan by the deadline of December 31, 2023.

In light of this, it’s crucial for business owners to enhance their cash flow management, refine their budgeting practices and diversify their revenue streams in order to develop an effective repayment plan. In this Brandon’s Blog, I’ll explore strategies for overcoming CEBA loan repayment challenges, highlighting expert guidance on navigating your loan obligations and achieving financial stability for your business. Hopefully, by using a professional approach, this Brandon’s Blog will inspire business owners and provide them with the knowledge and tools required to tackle these challenges head-on.

Importance of understanding the challenges associated with CEBA loan repayment by December 31, 2023

Comprehending the obstacles related to paying off the CEBA loan balance by the defined target date is critical for enterprises. It provides a considerable hurdle that businesses must repay the loan by the deadline to capitalize on the significant discount given for prompt reimbursement. While the financing stays interest-free up until then, interest charges begin thereafter. This suggests that Canadian businesses might face a financial burden, specifically if they are still recuperating from the prevalent impacts of the COVID-19 pandemic.

Furthermore, companies that fall short to satisfy the payment deadline might come across negative effects, like not being able to access further loans or other financial assistance.

CEBA

Common challenges faced in CEBA loan repayment

Cash Flow Constraints and Their Impact on Loan Repayment

The effective handling of loan repayment can be substantially affected by the restrictions enforced by cash flow constraints. Restraints in the capital of the business have the possibility to generate missed payments, and penalties and apply stress on the economic security of your company. Comprehending the ramifications of these cash flow constraints is of utmost significance to formulate methods that successfully take on these difficulties.

1. Reduced capability for repayment

When capital restraints are experienced by your company, the ability to make timely and full loan payments are jeopardized. Minimal funds being readily available for loan repayment causes smaller-sized or delayed payments, leading to increased financial pressure on the business. Positive steps need to be taken to overcome these restraints.

2. Intense financial stress

Cash flow restrictions can generate financial stress on the entrepreneur as they navigate expenses and prioritize payments. The worry of managing day-to-day operations while confronting the reality of missing loan payment commitments can be overwhelming. This stress can adversely impact emphasis, decision-making, as well as overall organizational efficiency. It is of utmost value to formulate approaches that relieve economic stress and supply a clear roadmap for handling these cash-flow challenges.

3. Restricted growth opportunities

Insufficient capital development can hamper the growth and growth plans of your company. Many businesses have not yet seen an economic recovery of any substance. When a significant portion of your available cash needs to be allocated to loan repayment, limited funds are available for financial investment in the other areas of your business in order for it to grow and prosper. This constraint can stop your capacity to profit from business opportunities and compete successfully.

4. Tested relationships with suppliers and Financial institutions

Restricted cash flow can stress partnerships with suppliers and financial institutions. Late or missed payments can stain the credibility and reliability of your business, making it tough to negotiate good terms or additional credit when needed. Healthy connections with suppliers and also financial institutions are essential to maintain company operations and foster future development.

Lack of Financial Planning and Its Consequences

Falling short in financial planning can have major effects when it involves repaying loans. Businesses that don’t effectively prepare themselves or take proactive steps will find themselves struggling to meet financial commitments, which will cause unfavourable results. The effect of inadequate monetary planning leads to the negative consequences described above. In this area, I share sensible suggestions to assist businesses in effectively conquering these obstacles.

To alleviate the consequences of an absence of financial preparation as well as ensure successful loan repayment, take into consideration implementing and adhering to the following:

1. Produce a detailed financial strategy

Establish a comprehensive financial plan strategy that includes a proper budget, cash flow plan, and also a specific plan for loan repayment. Set reasonable economic goals and allocate funds accordingly.

2. Monitor and review funds regularly

Consistently examine your financial performance and also compare it with your strategy. This will certainly help you recognize any kind of deviations or possible issues in a prompt and allow you to make the necessary business adjustments.

3. Seek professional help

Consider dealing with a financial consultant or accounting professional who can supply guidance on financial planning, cash-flow monitoring, and loan repayment strategies. Their competence can aid you navigate the complexities of your corporate financial circumstances more effectively.

4. Automate loan payments

Establish automated payments on your loans to make sure prompt and also constant payments. This decreases the threat of missed payments and associated penalties.

5. Prioritize loan payment

Make loan repayment a top priority in your monetary strategy. Allot enough funds from your profits to cover the repayment responsibilities, even if it means making adjustments in other areas of your business.

By proactively addressing the lack of financial planning and implementing these methods, companies can avoid the consequences of missed payments, additional interest charges and all the other negative consequences.

Inefficient budgeting practices and their challenges

Suboptimal fiscal management techniques may present formidable impediments to successful loan repayment. In the absence of a meticulously crafted and adroitly executed budget plan, commercial entities may encounter hindrances such as:

Erroneous financial forecasting
Obscurity in expenditure tracking
Negligence toward prioritizing debt repayment
Inadequate monetary reserves or liquidity
Inefficacious expense management

To surmount the obstacles that arise from suboptimal budgeting practices, enterprises may wish to contemplate adopting the ensuing strategies:

Formulate a comprehensive budget
Enhance tracking of expenditures
Make repayment of loans a priority
Establish an emergency reserve
Engage the services of a professional

Through the implementation of these techniques and the adoption of proficient budgeting practices, businesses can triumph over the impediments presented by ineffectual budgeting and guarantee a more viable approach to loan repayment.

Limited profitability and Its implications for CEBA loan repayment

The ramifications of inadequate profitability can be profound when it comes to CEBA and other loan repayments. A business that is unable to generate ample profits may encounter difficulties in meeting its loan commitments. The consequences of limited profitability are:

Inadequate cash flow
Increased debt load
The peril of loan default
Curtailed business expansion
Tense relationships with suppliers and lenders

Despite the challenges posed by limited profitability, there are several aggressive steps companies can take to get rid of these barriers. Take into consideration the following methods:

Conduct an extensive financial evaluation to pinpoint areas of improvement, consisting of the business’s cost framework, pricing methods, and revenue streams. Try to find chances to minimize expenses, boost performance, and expand revenue.
Develop methods to increase earnings, such as reviewing pricing models, implementing cost controls, boosting operational effectiveness, and also exploring brand-new markets or product/service offerings.
Take part in open interaction with lenders to discover possible financial debt restructuring or arrangement of settlement terms. Lenders may agree to change interest rates, extend payment periods, or give short-lived relief alternatives based on the business’s financial scenario.

To improve their ability to meet all financial commitments and make steady progress toward profitability, businesses can benefit from implementing these strategies.

Uncertain economic environment and Its effect on CEBA loan obligations

The ever-changing economic landscape can bring about a profound influence on the commitments tied to the CEBA loan. Companies grappling with market turbulence and unpredictability may face difficulties in fulfilling their loan repayment obligations. Within this segment, I will delve into the repercussions of an uncertain economic environment on CEBA loan responsibilities and propose effective approaches to overcome such circumstances.

1. Unpredictable income streams and loan repayment

As a result of an uncertain economic environment, companies may find themselves in a situation where they experience inconsistent earnings. Market volatility, changing customer preferences, as well as economic downturns, can all contribute to this unpredictability. Consequently, businesses might have a hard time allocating adequate funds for CEBA loan repayment.

2. Financial stress and decreased earnings

In an unpredictable financial environment, companies might experience lowered profitability due to elements such as lowered consumer purchasing, supply chain interruptions, as well as boosted input costs. This financial pressure can make it tough to find the resources for not only CEBA loan repayment but for the sustainability of the entire company.

3. Restricted accessibility to credit and financing

Throughout uncertain financial times, lenders will tighten their credit standards and decrease the availability of funding options. This minimal access to credit can adversely influence companies requiring extra funding to sustain their operations.

4. Changing federal government support programs

The government’s response to an uncertain economic environment can involve modifications or adjustments to support programs, including those related to CEBA loans. Many business groups and Chambers of Commerce have already been lobbying the federal government to extend the repayment deadline by one year to December 31, 2024, as many companies are still struggling. Time will tell if the federal government will extend the interest-free loan term or not.

5. Strategic financial planning and adaptability

To best navigate an uncertain economy, businesses can utilize strategic financial initiatives. Take into consideration the following approaches:

Monitor and budget: Routinely check economic indications, market fads, and also customer behaviour to anticipate possible influence on your business. Adjust cash flow forecasts and financial strategies as necessary.

Risk administration: Examine and minimize threats that can affect your revenue streams, productivity, and profitability. Expand your customer base, explore brand-new markets, or think about alternative revenue streams to decrease reliance on particular industries or markets.

Communication with lenders: Keep open lines of communication with your lending institution to go over any type of obstacles or changes in your financial scenario. Proactively will address any possible problems and help your lenders work with you to find choices for funding alterations.

Cash flow monitoring: Implement robust cash flow techniques, consisting of monitoring expenditures, enhancing working capital, as well as negotiating favourable terms with suppliers. Effective cash flow management can liberate cash resources for supporting operations during unpredictable times.

Business continuity planning: Develop a comprehensive organization continuity strategy that takes into consideration numerous economic scenarios. Recognize strategies to mitigate the impact of financial volatility on your procedures and allocate resources for loan repayment as a priority.

By adopting these approaches and staying watchful in checking the economic landscape, businesses can better navigate the obstacles of an unpredictable economy. The assistance of financial professionals is key in navigating rough economic waters.

CEBA

CEBA loan repayment problem does have a silver lining

The requirements for CEBA loan repayment carry the following provisions. There is no interest charged until the end of December 2023. Thereafter, the annual interest rate will be 5%. The frequency of interest payments will be determined by the applicant’s financial institution but most likely, it will be monthly.

There is a silver lining if your business is unable to repay the discounted loan amount in full by the end of this year. Given the Bank of Canada interest rate hikes, the current overnight rate is 4.75%. The prime rate charged by the chartered banks to their best customers is around 6.95%.

So under current economic conditions in Canada, the proposed interest rate to be charged on outstanding CEBA loans beginning January 1, 2024, of 5%, is well under current interest rates charged on unsecured business loans.

CEBA Conclusion

In summary, defaulting on your CEBA loan repayment can result in negative effects on your business Nonetheless, there are still 6 months to go before completion of the year. With the appropriate strategies in position, you can overcome the challenges of settling your CEBA loan.

Developing a comprehensive repayment strategy, improving your cash flow administration, improving your budgeting methods, and also diversifying your revenue streams are all essential steps to accomplishing financial improvement and security. Seeking skilled professional support can also assist you navigate the intricacies of your CEBA loan obligations and set up your business for lasting success. With these methods in hand, you can take control of your finances and remain ahead of your CEBA loan repayment.

I hope you enjoyed this CEBA Brandon’s Blog Managing your personal or business financial affairs in today’s ever-challenging and changing business landscape is no small feat, but with the right plan in place, it’s possible to stay or get back on track.

Revenue and cash flow shortages are critical issues facing people, entrepreneurs and their companies and businesses that are in financial distress. Are you now worried about just how you or your business are going to survive? Are you worried about what your fiduciary obligations are and not sure if the decisions you are about to make are the correct ones to avoid personal liability? Those concerns are obviously on your mind.

The Ira Smith Team understands these concerns. More significantly, we know the requirements of the business owner or the individual that has way too much financial debt. You are trying to manage these difficult financial problems and you are understandably anxious.

It is not your fault you can’t fix this problem on your own. The pandemic has thrown everyone a curveball. We have not been trained to deal with this. You have only been taught the old ways. The old ways do not work anymore. The Ira Smith Team uses innovative and cutting-edge methodologies, to adeptly navigate you through the intricacies of your financial challenges, ensuring a resolution to your debt-related predicaments without resorting to the rigours of the bankruptcy process. We can get you debt relief now!

We have helped many entrepreneurs and their insolvent companies who thought that consulting with a Trustee and receiver meant their company would go bankrupt. On the contrary. We helped turn their companies around through financial restructuring.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

The Ira Smith Trustee & Receiver Inc. team understands that people facing money problems require a lifeline. That is why we can establish a restructuring procedure for you and end the discomfort you feel.

Call us now for a no-cost consultation. We will listen to the unique issues facing you and provide you with practical and actionable ideas you can implement right away to end the pain points in your life, Starting Over, Starting Now.

Tags bank of canada, canada emergency business account, canadian businesses, ceba, Chambers of Commerce, covid-19 pandemic, economic recovery, eligibility criteria, Federal government, interest-free loans, Ira Smith Trustee, loan balance, repayment deadline, sole proprietorship

Brandon Blog Post

CONTACTING AN ONTARIO LICENSED INSOLVENCY TRUSTEE: PREPARE TO GET THE BEST RESULTS FROM YOUR INITIAL CONSULTATION

Post author By Brandon Smith
Post date June 5, 2023

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Licensed insolvency trustee

If you’ve found yourself grappling with personal debt, or your company is in a tight spot because of corporate debt, seeking the guidance of a licensed insolvency trustee is a smart choice. Trustees possess the expertise and resources to assist you in navigating your financial predicament and getting back on the right course.

Before engaging in a conversation with a licensed insolvency trustee, it’s crucial to adequately prepare yourself to make the most of your preliminary consultation. This Brandon’s Blog outlines the essential steps that need to be taken to ensure a fruitful discussion. By adhering to these recommendations, you can be confident that you will derive maximum benefit from your complimentary consultation and obtain the necessary advice to chart your path toward resolving your financial challenges.

Without any further delay, let’s explore the preparations required for your initial consultation with an Ontario Trustee.

Understanding the role of an Ontario licensed insolvency trustee

An Ontario licensed insolvency trustee is a crucial player when it comes to handling financial troubles. Their key function is to help individuals and businesses in navigating the insolvency landscape and find the most effective and feasible options. Trustees are highly educated and licensed specialists who have a deep understanding of the federal government’s Canadian bankruptcy and insolvency legislation and how to apply it in every situation.

When you are drowning in personal or business debt, a Trustee can be your guiding light. They will assess your financial scenario, assist you to recognize your rights and realistic options, and offer experienced advice tailored to your personal story. Whether it’s recommending a debt consolidation loan, outlining the consumer proposal process, strategizing on the financial restructuring of businesses with debt problems or assisting in a personal bankruptcy filing, Trustees can help you get through the one that is best for you, making certain that you make educated choices each step of the way.

It is very important to note that Trustees are objective debt professionals. They aim to discover a reasonable and fair resolution that takes into consideration both your needs and the legal realities that your creditors face. So, if you’re facing economic obstacles and require someone with competence to guide you through the maze, a Trustee is definitely the individual to rely on.

When should you consult a Trustee?

Navigating financial difficulties can be a challenging and overwhelming experience. If you find yourself struggling with mounting debts and unsure about the best way forward, it may be time to consult a licensed insolvency trustee. We specialize in helping individuals and businesses regain control of their financial situations. But when exactly should you seek our expertise? Here are some key scenarios where consulting a Trustee can be beneficial:

Increasing debt burden: If your debts are continuously piling up, and you find it difficult to make timely payments, it’s a red flag that you should consult a licensed insolvency trustee. They can assess your financial situation, evaluate your debts, and provide guidance on the available options to alleviate your debt burden.
The threat of legal action: When creditors are making their collection calls and are threatening legal action or have already initiated collection action, it’s crucial to seek professional assistance. A licensed insolvency trustee can help you understand your rights, explore potential solutions, and negotiate with creditors on your behalf.
Loss of income or job: Sudden job loss or a significant reduction in income can have a severe impact on your financial stability. If you’re facing difficulties meeting your financial obligations due to these circumstances, consulting a licensed insolvency trustee can help you navigate through the challenges and explore strategies for recovery.
Inability to repay debts: In the event that you have arrived at the point where the repayment of debts is no longer feasible, despite having explored alternative methods such as debt consolidation or negotiation, it is time to enlist the services of a Trustee who will offer guidance in navigating the insolvency process.
Mounting stress and anxiety: The mounting stress and anxiety that often accompanies financial difficulties can have a debilitating impact on one’s mental and emotional well-being. Should you find yourself feeling overwhelmed, consistently stressed, or experiencing anxiety as a result of your financial situation, don’t hesitate to seek the guidance of a licensed insolvency trustee.

Remember, consulting a licensed insolvency trustee is not limited to these scenarios alone. If you have any concerns about your financial situation or feel uncertain about the best course of action, it’s always wise to seek professional advice. These experts can evaluate your unique circumstances and provide tailored solutions to help you regain control of your finances and pave the way toward a brighter financial future.

Importance of preparation for an initial consultation with the Trustee

Preparation is key when it comes to your initial consultation with an Ontario-licensed insolvency trustee. This is the moment where you get to meet and chat about your financial situation, explore possible solutions, and set yourself on the path to financial recovery. So, why is preparation so important? Well, here’s why:

First off, being prepared helps you make the most of your time with the Trustee. This consultation is a limited window, no longer than 1 hour, so having your ducks in a row and providing accurate information upfront allows the Trustee to understand your situation quickly and give you tailored advice. Time is precious and there is none to waste!

In order to optimize the benefits of your consultation with a Trustee, it is crucial to first correctly prepare for it. By devoting some time to think about how you got to your current financially challenged state, to consider your financial goals and concerns, you can establish a definitive plan of action. This will facilitate a focused and productive dialogue during the consultation, ensuring that the Trustee can address your unique needs with precision and efficiency.

It behooves you to also undertake thorough data collection and organization. This entails meticulously gathering and cataloging all pertinent information related to your financial history, liabilities, assets, income, and expenditures. By undertaking this preparatory work, you will be equipped with a comprehensive and precise understanding of your financial landscape. This will enable the Trustee to offer optimal guidance and recommendations that are tailored to your specific financial needs.

It is crucial to have a comprehensive understanding of the available debt relief options in Canada. Conducting thorough research beforehand allows you to enter the consultation with a well-informed perspective, equipped to ask pertinent questions, evaluate potential risks and benefits, and make prudent decisions regarding your financial future. This sense of empowerment is invaluable.

It is equally essential to consider the Trustee’s credentials and suitability. As a discerning individual, you must assess the Trustee’s expertise, approach, and values to ensure a fruitful partnership. Investing time and effort to gather recommendations, read reviews, and gauge compatibility will guarantee that you have selected a competent professional with whom you can establish an excellent working rapport.

Last but not least, when you come prepared, you exude confidence and engagement. Your thorough preparation gives you a boost of self-assurance, knowing that you’ve done your homework. This means you can actively participate in the consultation, ask relevant questions, and make the most of the Trustee’s guidance. It’s the difference between being in the financial game or being mired and lost!

To sum it all up, preparation is the secret sauce for a successful initial consultation with an Ontario licensed insolvency trustee. It helps you make the most of your time, gain clarity, gather necessary info, understand your options, evaluate the Trustee, and approach the discussion with confidence and engagement. So, put in the effort, get prepared, and get ready to pave your way to financial recovery and stability.

The benefits of speaking with an Ontario Licensed Insolvency Trustee before you make any financial decisions

The benefits of speaking with an Ontario licensed insolvency trustee before you make any financial decisions.

Engaging in dialogue with an Ontario Trustee prior to making any financial determinations can yield considerable advantages. An Insolvency Trustee holds the expertise to both understand and dissect your financial problems and circumstances and acquaint you with the array of choices at your disposal. Trustees possess the proficiency to appraise your financial state and counsel you on the optimal resolution for your particular predicament. The Trustee, like me, may also hold the designation of Chartered Insolvency and Restructuring Professional.

If you find yourself facing economic challenges, it could be a good idea to get in touch with an Ontario Trustee. These professionals are skilled in offering counsel and guidance to individuals and companies grappling with monetary issues. They hold a license and are regulated by the Office of the Superintendent of Bankruptcy Canada. By seeking assistance from a Trustee, you can obtain the support necessary to navigate the intricacies of financial predicaments. Through their aid, you will acquire valuable insights that can influence your decision-making and guide you toward a more prosperous financial future.

Financial assessment

One of the primary benefits of consulting with an Ontario Trustee is receiving a comprehensive financial assessment. LITs possess the expertise to review your financial situation objectively, taking into account your assets, debts, income, and expenses. This assessment allows them to gain a holistic understanding of your financial standing and identify potential solutions tailored to your specific needs.

Debt relief options explained

In times of financial adversity, it is imperative to have an in-depth understanding of the various debt relief options at your disposal. By consulting with a qualified Ontario Trustee, you can gain comprehensive insights into potential solutions, including debt consolidation, consumer proposals, and bankruptcy.

Trustees will inform you of the benefits and drawbacks of each alternative, offering a complete assessment of the potential outcomes and consequences associated with any given choice. Rest assured that with their guidance, you can make an informed decision that will alleviate your financial distress and pave the way toward a brighter fiscal future.

Tailored solutions for your unique situation

Every individual’s financial situation is unique, and what works for one person may not work for another. By consulting with a Trustee, you gain access to personalized solutions that address your specific circumstances. LITs take the time to understand your financial goals, evaluate your resources, and design a strategy that maximizes your chances of achieving a stable financial future.

Protection from creditors and legal actions

When you find yourself struggling with overwhelming debt, it’s common for creditors to take legal action against you. Seeking assistance from a Trustee can help you navigate these legal challenges. LITs can provide protection from creditors who have started legal proceedings. An insolvency process will invoke a stay of proceedings, that puts a temporary halt on creditor actions, giving you breathing room to implement one of your potential debt relief solutions.

Expert negotiations with creditors

Engaging with creditors and negotiating debt repayment terms can be a daunting and stressful process. However, an Ontario Licensed Insolvency Trustee takes that job and all the stress that comes with it off your shoulders, by being the one negotiating with your creditors. Their expertise and knowledge of the legal and financial framework ensure that you receive fair treatment and that your rights are protected throughout the process.

Financial education and future planning

Speaking with an Ontario Trustee offers more than just immediate debt relief. LITs can provide financial education and guidance to help you develop healthy financial habits and plan for a more secure future. They can offer advice on budgeting, saving, and rebuilding credit, equipping you with the necessary tools to achieve long-term financial stability. Two mandatory financial counselling sessions are part of the services to individuals included automatically in any consumer insolvency process.

The key questions to ask to gain a better understanding of the process and your options

In order to optimize the outcome of a discussion with a Trustee regarding your financial situation, it is imperative to approach the exchange with a clear and organized mindset. Engaging in dialogue with a trustee can furnish indispensable observations and aid in discerning informed resolutions for your fiscal outlook. The following segment offers advantageous suggestions to anticipate the tenor of the conversation and how best to equip yourself for it, guaranteeing that you derive the utmost advantage from your interaction with the trustee.

1. Gather Relevant Financial Documents

It is crucial to gather all pertinent financial documents ahead of time. This includes bank statements, tax returns, credit card statements, loan agreements, and any other records that pertain to your financial situation. By providing the Trustee with a full picture of your financial standing, they can deliver practical advice and personalized solutions that are tailored to your unique circumstances. Don’t leave anything behind – come prepared with all the necessary information.

Before meeting with a Trustee, gather all relevant financial documents, such as bank statements, tax returns, credit card statements, loan agreements, and any other records pertaining to your financial situation. These documents will provide the Trustee with a comprehensive understanding of your financial standing, enabling them to offer accurate advice and tailored solutions.

2. Be Transparent and Honest

It’s crucial to be open, transparent, and honest about your financial circumstances during the conversation with the Trustee. A professional code of ethics and confidentiality binds them, so you can feel confident in sharing sensitive information. Providing a complete and accurate picture of your financial situation will enable them to offer the best possible guidance and solutions.

3. Prepare a List of Questions and Concerns

To make the most of your conversation with the Trustee, prepare a list of questions and concerns in advance. Consider what specific areas of your financial situation you’d like to address or any uncertainties you may have. Having a well-prepared list will ensure that you cover all relevant topics and get the information you need during the discussion.

4. Understand the Available Options

Educate yourself about the various debt relief options available to you before the conversation with the Trustee. Research bankruptcy laws, debt consolidation, consumer proposals, and other relevant solutions. This background knowledge will allow you to have a more meaningful discussion with the Trustee, as you can ask targeted questions and better understand their recommendations.

5. Take Notes During the Conversation

During your conversation with the Trustee, it’s helpful to take notes. Jot down key points, advice, and recommendations provided by the Trustee. These notes will serve as a reference later on and help you recall important details when making decisions about your financial situation.

6. Ask About Potential Consequences and Long-Term Implications

Inquire about the potential consequences and long-term implications of different debt relief options. Understanding the pros and cons, as well as any legal or financial ramifications, will enable you to make an informed decision. The Trustee can provide insights into how each option may impact your credit score, assets, and future financial stability.

7. Discuss a Realistic Financial Plan

Collaborate closely with the Trustee to formulate a pragmatic and attainable fiscal blueprint. This comprehensive scheme must harmonize with your aspirations while considering your revenue, expenditures, and liabilities. Leveraging the Trustee’s proficiency, forge a viable budget and delve into tactics that can curtail your debt burden and enhance your long-term financial standing.

How to follow up after the consultation with the licensed insolvency Trustee to ensure all your concerns are addressed before making any decisions

After finishing your initial consultation with a licensed insolvency trustee, there will always be some lingering questions or concerns. You should always follow up with the Trustee to clear up any confusion. It is definitely a lot of information to digest in one consultation. This will empower you to better understand the process, your available options, and any further actions you may be required to take.

Be sure to take notes of all crucial details discussed during the session and jot down any additional questions that come to mind. You may contact the Trustee via phone or email to seek clarification on any doubts or queries before making any critical financial decisions. By engaging in a follow-up conversation with your Trustee, you can ensure that you are fully informed and confident in your financial decisions.

Common things that people want to know from the Trustee during the initial consultation

What are my debt solution options? A Trustee provides a wide range of options for debt relief that are tailor-made to suit your specific needs. For individuals, this could involve presenting a consumer proposal or a Division I restructuring proposal to unsecured creditors, allowing you to negotiate a repayment plan based on your financial capacity. For corporations, if timely intervention is possible, it may entail financial restructuring. Your Trustee will carefully consider the pros and cons of each option and recommend the most suitable course of action based on your unique circumstances. In certain cases, bankruptcy may be the only viable solution.

How will this affect my credit score? Many individuals express concerns about potential negative impacts on their credit score when meeting with a Trustee. However, it is important to note that the act of simply meeting with a Trustee does not have any direct impact on your credit score. It is the chosen insolvency process itself that can have an effect on a person’s credit rating.

What are the costs involved? When seeking the assistance of a Trustee, it becomes crucial to take into account the related expenses. The charges imposed by a Trustee vary based on the chosen insolvency procedure and are contingent upon the complexity of one’s financial predicament and the extent of services provided.

However, it is of utmost importance to acknowledge that these expenses are subjected to regulation by the Office of the Superintendent of Bankruptcy Canada and necessitate court approval in instances of bankruptcies and consumer proposals. Throughout the primary consultation, the Trustee will furnish an open and all-encompassing breakdown of all charges, guaranteeing absolute transparency and lucidity during the course of action.

Is this consultation confidential? Yes, it is a confidential consultation. However, keep in mind that we are not lawyers.

Trustee conclusion

To wrap things up, it’s of utmost importance to have thorough preparation in place to ensure a highly productive initial consultation with a Trustee. I’ve delved into various pivotal measures you can adopt to optimize the utilization of your time during the consultation and obtain relevant guidance pertaining to your debt-related predicaments.

Bear in mind, forthrightness and transparency regarding your financial circumstances are vital, enabling the Trustee to furnish tailor-made solutions that align with your unique requirements, whether it is a personal or corporate matter. Lastly, seize the opportunity presented by this cost-free consultation to pose any inquiries or voice any apprehensions that may be lingering within. The Trustee is dedicated to aiding you in navigating through your financial hardships and ultimately steering you toward a triumphant financial destiny.

I hope you enjoyed this Trustee Brandon’s Blog. Managing your personal or business financial affairs in today’s ever-challenging and changing business landscape is no small feat, but with the right plan in place, it’s possible to stay or get back on track.

Revenue and cash flow shortages are critical issues facing people, entrepreneurs and their companies and businesses. Are you now worried about just how you or your business are going to survive? Are you worried about what your fiduciary obligations are and not sure if the decisions you are about to make are the correct ones to avoid personal liability? Those concerns are obviously on your mind. Coming out of the pandemic, we are also now worried about the economic effects of inflation and a potential recession.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

Tags bankruptcy canada, bankruptcy filings, bankruptcy processes, bankruptcy trustee, businesses with debt problems, Canadian bankruptcy, Chartered Insolvency and Restructuring Professional, consumer proposal process, consumer proposals, debt professionals, debt relief options, debt relief solutions, financial obligations, financial trouble, initial consultation, Ira Smith Trustee, licensed insolvency trustees, Office of the Superintendent of Bankruptcy, trustee

Brandon Blog Post

CANADIAN BANKS ARE SERIOUSLY MAKING GOOD EFFORTS TO MINIMIZE BANKRUPTCIES

Post author By Brandon Smith
Post date May 29, 2023

Canadian banks: Introduction

Canadian banks are recognized globally for their exceptional standards, which are maintained through proactive measures to safeguard as best as possible, the financial well-being of their clients. When we think of the Canadian Big 6 Banks, we do not normally think about how their methodologies are meant to reduce consumer insolvencies and business shutdowns. We only think about how the banks make demands on their customers and at times, shut down Canadian businesses and sue Canadian consumers.

A dynamic economic landscape demands that lenders adapt to the ever-changing scenario. Canadian banks have risen to the challenge by implementing comprehensive risk assessments, tailored financial solutions, and proactive measures to minimize dangers to their clients and bankruptcy cases. This is even the case for clients who are only depositors and brokerage clients.

Canadian financial institutions have emerged as a vital player in providing stability to individuals and businesses, to give their customers the tools for hopefully a secure financial future.

This Brandon’s Blog delves deeper into the strategies and practices employed by and the pressure on Canadian banks to prioritize the financial health of their clients, resulting in a reduction in bankruptcy cases.

Canadian banks know the importance of minimizing bankruptcy

Decreasing the number of individuals and businesses filing for bankruptcy holds an important place in sustaining a stable Canadian economy. Canadian financial institutions have recognized the value of preemptively recognizing prospective hazards and collaborating with their customers to try to avoid bigger financial problems.

With the use of bespoke financial solutions, careful evaluation of risks and patterns, active engagement with borrowers, promoting financial literacy, and use of the latest technologies, Canadian banks take full advantage of the opportunities for the seamless continuation of their clients’ personal and business finances.

Furthermore, Canadian banks have actually prioritized responsible lending and borrowing techniques, adhering to government regulations and proper moral standards. This has so far led to the impressive success of Canadian banks in reducing personal bankruptcy and corporate bankruptcy filings when many expected them to explode as a result of the COVID-19 pandemic.

Overview of financial institutions’ efforts to minimize bankruptcy

Financial institutions in Canada have a vested stake in aiding borrowers during periods of financial difficulty, as bankruptcy can have negative consequences for both parties involved. This article briefly touches on this aspect, but this blog will delve deeper into how lenders actively contribute to minimizing bankruptcies. We will explore initiatives such as financial education, early intervention programs, and customized repayment plans that assist borrowers in managing their debts more effectively.

Canadian lenders are taking proactive steps to reduce bankruptcy cases in the country. Through a constantly updated and dynamic risk assessment process, lenders can identify potential financial vulnerabilities and provide tailored solutions to clients. Small business owners, particularly those most exposed to financial risks, have also benefited from the lenders’ focus on financial literacy programs.

By fostering collaborative relationships with borrowers, lenders have effectively instilled responsible lending practices that have proven crucial in strengthening the Canadian financial system against potential shocks. Achieving these results can be attributed, in part, to the integration of technological advancements that have revolutionized the lending landscape. This enables lenders to promptly provide borrowers with essential information and timely notifications.

The alignment of lending practices with government regulations has played a vital role in fostering stability within the financial sector and enhancing the resilience of the Canadian economy. Through the prioritization of responsible lending and borrowing practices, Canadian lenders have made significant progress in mitigating bankruptcies and promoting the enduring financial well-being of their clients.

Canadian banks embrace technology and understand the value of risk assessment

The major Canadian banks have wholeheartedly adopted cutting-edge technological innovations to augment their offerings and mitigate the possibility of insolvency. By leveraging automated underwriting procedures, digital documentation authentication, and online account management platforms, lenders are simplifying operations and empowering borrowers to adeptly oversee their finances.

Among the fundamental pillars of the major Canadian bank’s success in minimizing bankruptcies is its focus on aggressive risk evaluation. Lenders understand that determining the possible financial challenges of their customers early is critical for catching financial problems before they result in bankruptcy scenarios. By utilizing sophisticated risk assessment tools and also leveraging extensive information analytics, Canadian banks can evaluate the creditworthiness of their consumer and business customers properly.

Advantages of Enhanced Credit Application Processes

Canadian financial institutions have implemented significant measures to decrease instances of insolvency and contribute to the financial well-being of both individuals and businesses. Their emphasis on thorough risk assessment, tailored financial solutions, and proactive methodologies has positioned them as key contributors to enhancing the prospects of their customers’ financial welfare.

Their approaches involve fostering collaboration with clients, leveraging technology, and upholding responsible lending practices. Furthermore, lenders have placed a strong emphasis on promoting financial literacy and adhering to government regulations to ensure customers have access to credit while minimizing the risk of default. Through the optimization of the credit application procedure, Canadian financial institutions can mitigate the likelihood of small Canadian businesses and individuals facing bankruptcy, thereby fostering increased stability within the financial landscape.

Tailored Financial Solutions for People

Canadian banks acknowledge the unique financial circumstances and requirements of each person. As a result, they have actually transitioned from employing a standard approach to providing tailored monetary solutions. By adapting lending frameworks, rates of interest, as well as repayment terms to refer to the needs of borrowers, lenders can dramatically lessen the possibility of insolvency and default.

Extensive Assistance for Small Enterprises

Small enterprises play a pivotal function in the Canadian economy, and guaranteeing their development and stability is very important. Canadian banks recognize this fact and supply varied assistance to small businesses. This includes flexible financing choices, rendering financial advisory services, as well as helping with access to resources that help companies in their financial management.

Collaborative Approach with Borrowers

Instead of taking on an adversarial stance, Canadian banks have welcomed a joint strategy in managing borrowers dealing with financial problems. They understand that things can change, as well as unforeseen problems can arise. Lenders now work very closely with customers to discover different remedies, such as adjusting financing terms, debt consolidation, or financial restructuring, to help them get back to financial stability and hopefully stay clear of bankruptcy.

The role of Canadian banks in offering longer repayment terms

Canadian banks have taken on a crucial role in the financial landscape by offering longer repayment terms to borrowers. The benefits can be summarized as follows:

Meeting the evolving needs of borrowers:

With changing economic conditions as well as developing consumer preferences, Canadian banks have acknowledged the relevance of supplying versatile payment choices. By supplying longer repayment terms, banks can suit the different scenarios and challenges faced by consumers. This strategy enables debtors to handle their cash flow more effectively and also lowers the economic burden connected with shorter repayment terms.

Enhanced affordability and reduced monthly payments:

Prolonged repayment periods have a positive impact on the affordability of Canadian borrowers. By extending the duration of loan repayments, financial institutions in Canada can significantly lower the number of monthly payments, thus facilitating the fulfillment of financial obligations for both individual customers and commercial entities. This strategy particularly benefits borrowers who encounter unexpected financial crises, provided they have leveraged the extended repayment terms to generate a financial safety net.

One of the ways Canadian banks have been helping people cope with their mortgage debt and mortgage payments is by providing longer repayment terms. Extended repayment terms, such as the 30-year amortization periods offered by some financial institutions, can improve the affordability of housing for buyers providing them with the necessary funds to pay for other household expenses. A shorter amortization period would result in a higher monthly mortgage payment taking cash away from other necessities.

Improved access to credit:

Improved access to credit for a broader spectrum of borrowers has been enhanced by the introduction of lengthier repayment terms. By accommodating extended periods for repayment, Canadian banks are able to extend credit to individuals and businesses who may have previously been excluded or encountered challenges in obtaining loans with shorter terms. This inclusivity promotes financial stability, fosters economic growth, and encourages the pursuit of entrepreneurial ventures.

Stimulating economic growth:

The role of Canadian banks in offering longer repayment terms goes beyond assisting borrowers; it also plays a vital role in stimulating economic growth. By facilitating access to credit, these extended terms encourage borrowing for investment, expansion, and innovation. This, in turn, promotes business development, job creation, and overall economic prosperity.

Mitigating default risks:

While longer repayment terms may raise concerns about increased default risks, Canadian banks have implemented robust risk assessment and mitigation strategies. By carefully evaluating borrowers’ financial positions, credit history, and repayment capacity, banks can mitigate the potential risks associated with longer loan durations. This cautious approach ensures that extended repayment terms do not compromise the stability and resilience of the banking sector.

The connection between repayment terms and affordability

The provision of longer repayment terms by Canadian banks reflects a proactive response to changing market dynamics and borrower needs. By offering flexibility, affordability, and improved access to credit, banks are empowering individuals and businesses to achieve their financial goals. Additionally, the stimulatory effect on economic growth further solidifies the pivotal role played by Canadian banks in the nation’s financial landscape.

As the financial landscape continues to evolve, it is expected that the provision of longer repayment terms will remain a crucial aspect of the banking sector’s commitment to supporting the financial well-being of Canadians. But like with everything, there is a potential downside to weigh against all of the benefits, especially in the housing market.

While extended repayment terms may appear to make housing more affordable by reducing monthly mortgage payments, it’s crucial to consider the long-term financial implications. Lower monthly payments can entice buyers to enter the market, but they also extend the overall period for which individuals are indebted. This raises concerns about increased debt burdens and potential economic risks.

It is also important to examine this factor within the broader context of the Canadian housing market. Greater affordability may cause some Canadian consumers to stretch even more on higher-priced real estate, thereby eliminating the benefits of longer amortization.

Importance of financial education to Canadian banks

Canadian banks have shown in recent years that they recognize the significance of financial education amongst Canadians. Lenders are carefully concentrating on boosting financial literacy, passing on understanding about sensible lending, effective money-saving strategies, and making educated choices.

Joint initiatives between lenders and borrowers are crucial, as they strive to create customized methods that promote sustaining financial wellness. To make certain that they are being accountable in their lending practices, Canadian banks are skillfully technology for risk assessment and credit approval and adhering to the regulations of the federal government. These proactive steps have generated successful results, and reduced business and consumer insolvencies.

Federal government regulations and banking industry standards for Canadian banks

In the ever-evolving realm of the Canadian banking landscape, the welfare and interests of individuals are upheld through the robust framework of government regulations and industry standards. These pivotal guidelines and norms are meticulously crafted to ensure equitable treatment, unfettered access to transparent information, and effective channels for dispute resolution. The Canadian banking sector takes diverse measures to shield consumers and cultivate unwavering confidence in the financial fabric.

Responsible lending practices in the financial sector constitute a bedrock element of consumer protection. Financial institutions are entrusted with the task of diligently appraising the creditworthiness of borrowers and offering loans that align harmoniously with their financial capacities. This prudential approach safeguards Canadian consumers and business borrowers from being ensnared in the web of excessive debt and confronting arduous financial predicaments. Through the adoption of responsible lending practices, the banking industry endeavours to strike a delicate balance between extending credit and mitigating the perils of consumer insolvencies.

The imperative of disclosure requirements cannot be overstated in the realm of consumer protection. Financial entities bear the onus of furnishing consumers with lucid and comprehensive information pertaining to the intricacies, stipulations, and expenses associated with financial products and services. This empowers consumers with the discernment necessary to make judicious choices and shield themselves from concealed surprises or misleading practices.

In instances where disputes arise between consumers and the banking industry, a robust framework of consumer dispute resolution mechanisms comes into play. These mechanisms furnish an impartial and equitable platform for the resolution of conflicts, ensuring that consumers possess a powerful voice in addressing their grievances. Spearheading the supervision and enforcement of consumer protection regulations within the banking sector is the Financial Consumer Agency of Canada (FCAC). The FCAC diligently strives to enlighten consumers about their rights, diligently probes complaints, and aptly initiates remedial action against non-compliant institutions.

Through the implementation of these cogent consumer protection measures, the Canadian financial domain endeavours to cultivate trust, transparency, and unwavering accountability. These regulations not only serve as a bulwark for consumers but also bestow profound benefits upon the stability and integrity of the financial edifice at large.

Canadian banks: Conclusion

To conclude, Canadian banks continue to blaze a trail in promoting economic stability as well as safety for people and businesses. With their commitment to risk analysis, customized financial services, as well as proactive monitoring, lending institutions are making sure that clients have the ability to handle their financial obligations effectively.

The Canadian banking industry are enabling Canadians to improve their financial standing as well as ideally stay clear of all the negative consequences of bankruptcy. In these unique times, it is reassuring to recognize that Canadian banks are taking their responsibilities seriously as well as embracing a pre-emptive approach to address threats all to help Canadians to be more financially successful.

I hope you enjoyed this Canadian banks Brandon’s Blog.

It is not your fault you can’t fix this problem on your own. The pandemic has thrown everyone a curveball. We have not been trained to deal with this. You have only been taught the old ways. The old ways do not work anymore. The Ira Smith Team makes use of new contemporary ways to get you out of your debt problems while avoiding bankruptcy proceedings. We can get you debt relief now.

We have helped many entrepreneurs and their insolvent companies who thought that consulting with a trustee and receiver meant their company would go bankrupt. On the contrary. We helped turn their companies around through financial restructuring.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

The Ira Smith Trustee & Receiver Inc. team understands that people facing money problems require a lifeline. That is why we can establish a restructuring procedure for you and end the discomfort you feel.

Brandon Blog Post

ONTARIO FAMILY LAW: DETAILED ONTARIO COURT OF APPEAL DECISION ALLOWS WIFE’S CLAIM OVER HUSBAND’S CREDITOR

Post author By Brandon Smith
Post date May 22, 2023

family law

Family law introduction

An important decision was rendered by the Court of Appeal for Ontario on April 26, 2023. It is in a recent case concerning the sale of a matrimonial home through family law proceedings. In this case, the court considered the division of net family property between Subhathini Senthillmohan (wife) and her separated husband Sockalingam Senthillmohan (husband) the claims of the wife and a creditor of the husband.

This ruling carries significant weight for couples, irrespective of whether they are happily married or going through a divorce. The ramifications of this verdict extend to couples who jointly own a property as tenants in common, regardless of their marital status or if family law matters are in play.

In this Brandon’s Blog, I explore the recent Ontario Court of Appeal ruling on a wife’s claim over her husband’s creditor in the sale of the matrimonial home. I discuss the implications of the ruling for couples going through a divorce and how it can protect a spouse’s interest in the home.

As you will see below, even If you’re not going through family law issues in Ontario, this Brandon’s Blog shows how the Court of Appeal for Ontario ruling provides important information on your rights and obligations under the law.

This Brandon’s Blog is not a substitute for legal counsel experienced in family law, as we are not lawyers. However, if you are in a similar situation as the joint tenants described below, or even if you are not involved in family court proceedings or a contentious family law matter, it is possible that you may encounter similar legal issues concerning joint ownership of property where your joint property owner is an insolvent debtor. It is essential to communicate your situation to your legal representative and obtain sound advice and legal representation to ensure you are fully aware of your legal rights.

Family law: Background of the case

The case is Senthillmohan v. Senthillmohan, 2023 ONCA 280. The parties were married still but separated, and in January 2020, the wife brought an application seeking an unequal division of the net family property. Alternatively, she sought an equalization of net family property and the sale of their matrimonial home. Even though they were going through family law proceedings for divorce, the wife remained living in the home, which was jointly owned by both of them as joint tenants.

The default judgment held by the third-party creditor, 2401242 Ontario Inc., was the result of a civil suit. However, they later agreed to lift the order to aid in the smooth sale of the matrimonial home. Meanwhile, the wife sought an urgent family law court order to dissolve their joint ownership of the property, and a ruling that they now held title to the matrimonial home as tenants in common.

The creditor’s default judgment came from a civil lawsuit. The creditor filed a writ of seizure and sale in September 2021. The husband and wife entered into an Agreement of Purchase and Sale to sell the home in October 2021, and the home ultimately sold for $1.9M. The creditor agreed to lift the judgment to facilitate the sale of the matrimonial home.

The net sale proceeds, after the discharge of secured encumbrances, were approximately $925,000. In the interim, the wife took immediate legal action by seeking a court order to terminate the couple’s joint ownership of the property and to establish their title to the matrimonial home as tenants in common. The order was obtained with the consent of the husband. The order was silent on the effective date of the severance and does not address the claim of the third-party creditor or its default judgment against the husband.

family law

Family law: The lower court decision

The lower court made an order for the sale of the matrimonial home, with the funds being held in trust until a mutual agreement is entered into or a court order is made regarding equalization. In making its order, the lower court changed the ownership from joint tenants to tenants in common.

She claimed that her very interest in the matrimonial home took precedence over that of the creditor. After considering every one of the arguments provided by both sides, the Ontario Superior Court of Justice inevitably ruled in favour of the wife. The court stated that the wife’s ownership interest was in priority to that of the creditor.

In February 2022, the wife filed a motion seeking the release of her 50% share of the net sale proceeds. The judgment creditor contended that the husband and wife were joint tenants at the time of the default judgment and writ filing, hence it had priority over the wife’s interest in the sale proceeds.

Nevertheless, the motion judge dismissed this argument and determined that the joint tenancy had been severed by the time the third-party creditor acquired the default judgment against the husband.

The third-party creditor was dissatisfied with the ruling and proceeded to appeal the decision to the Ontario Court of Appeal with the intention of having it reversed.

Family law: The OCA ruling

The creditor lodged an appeal before the Court of Appeal for Ontario, asserting that the Ontario Superior Court of Justice judge had erred in ruling that the joint tenancy of the marital home had been retroactively divided and that the wife possessed entitlement over the creditor’s writ. Additionally, the creditor contended that the judge had neglected to take into account the writ affixed to the total net proceeds of a voluntary sale of the jointly-owned property.

The creditor contended that joint tenants are, for all intents and purposes, a single owner until the joint tenancy is dissolved, thereby affording a creditor the entitlement to make a claim against the entire interest. However, the Court of Appeal for Ontario duly rejected the creditor’s appeal, concluding that a creditor is unable to lay hold of the interest of a joint tenant who is not indebted.

The court went on to say that the creditor was fundamentally mistaken with respect to the law governing creditors’ remedies vis-à-vis jointly-held assets, where only one of the owners had liability for the debt.

The court explained the process of seizure and sale in Ontario. They stated that the execution registered on title can only be against the debtor’s exigible interest in the land held in joint tenancy. Additionally, the court held that in the case of joint property ownership, in the event of one joint tenant’s death, the remaining tenant inherits the entire interest in the property due to their right of survivorship.

The court’s ruling is a beacon of hope for partners or couples who hold property together jointly. It reinforces the idea that no creditor can take away the rights of a non-debtor joint tenant who acquires a property through the right of survivorship.

The Court of Appeal in Ontario nodded in agreement with the motion judge’s decision and ultimately dismissed the appeal. In their ruling, the court explicitly stated that the motion judge applied the proper legal principles of joint tenancy, including its severance and the priority of interests.

Despite the order being silent on the effective date of severance, the court ultimately found that the motion judge was correct in his decision to sever the joint tenancy in the matrimonial home. Interestingly, the creditor did not seek clarification of the order, leaving room for speculation as to why. Furthermore, the court emphasized that the Ontario Superior Court of Justice judge had taken into consideration the unique facts and circumstances surrounding the case and determined that there was indeed enough evidence to support the severance of the joint tenancy.

The court firmly rejected the argument put forward by the third-party creditor, which claimed that the motion judge did not have the necessary jurisdiction to hear the case. Furthermore, the court determined that the motion judge had effectively and properly exercised his discretion in denying the creditor’s request for an adjournment.

The lawyer representing the wife made cost submissions and achieved a favourable outcome in securing costs. The Ontario Court of Appeal recognized the wife’s entitlement to compensation and granted an award of $20,000, which includes HST and other expenses incurred during the legal proceedings.

family law

Family law: Implications of the ruling

The court’s ruling has far-reaching consequences, not only for couples undergoing divorce proceedings in Ontario but also for any joint owners of the property where one of them has outstanding debts or judgments while the other does not. Essentially, the non-debtor partner’s right to the property takes precedence over any claims by creditors in most situations. This decision offers much-needed protection for joint owners who may be at risk of losing their property due to their partner’s debts.

It’s worth noting that this ruling applies exclusively to the sale of the matrimonial home and has no impact on a creditor’s ability to seize other assets or property owned solely by the debtor who owes the money. It’s important to bear in mind that this ruling does not affect the rights of mortgagees in any way. As stated previously, the mortgages were paid off, and the legal dispute concerned only the net sale proceeds.

This court ruling is applicable not only to married couples going through divorce proceedings but also to joint owners of real property where one of the owners has unpaid personal income tax or owes money for director liability, such as unpaid corporate HST or unremitted employee source deductions, to the Canada Revenue Agency (CRA). If the debtor does not make satisfactory arrangements with the CRA for repayment, the tax authority can obtain a judgment against that person from a federal court without serving notice to them.

Following that, the CRA can register the judgment against the joint owner’s interest in the real estate, a process known as registering a Memorial. This registration can affect only the joint owner who owes the debt and not the other joint owner who is not indebted to the CRA. It is not related to family law and is applicable even if there are no divorce proceedings underway.

This court ruling not only benefits family law proceedings but also reinforces our position in insolvency proceedings that the non-bankrupt, non-insolvent joint owner’s stake in the property is not impacted by the other joint owner’s insolvency or bankruptcy case. In the event of personal bankruptcy, the licensed insolvency trustee who is overseeing the bankruptcy would take control of the bankrupt joint owner’s interest in the property. While there may only be one buyer for that interest, the other joint owner would be the logical purchaser. However, these are economic concerns rather than legal issues.

Family law conclusion

I hope you enjoyed this family law Brandon’s Blog. Managing your personal or business financial affairs in today’s ever-challenging and changing business landscape is no small feat, but with the right plan in place, it’s possible to stay or get back on track.

It is not your fault you can’t fix this problem on your own. The pandemic has thrown everyone a curveball. We have not been trained to deal with this. You have only been taught the old ways. The old ways do not work anymore. The Ira Smith Team makes use of new contemporary ways to get you out of your debt problems while avoiding bankruptcy proceedings. We can get you debt relief now.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

family law

Tags contentious family law, cost submissions, Court of Appeal for Ontario, Family Court, family court proceedings, family law, family law issues, family law matters, Family law proceedings, family property, Ira Smith Trustee, legal counsel, legal issues, legal representation, legal rights, Ontario Court of Appeal, Superior Court of Justice

Brandon Blog Post

MORTGAGE ISSUES BREWING: CANADIANS ARE SERIOUSLY FALLING BEHIND ON DEBT

Post author By Brandon Smith
Post date May 15, 2023

Mortgage issues: Introduction

As per the latest findings from the Royal Bank of Canada (RBC or RBC Economics), a significant proportion of Canadians are currently grappling with debt payments, thereby heightening the risk of mortgage default in the future. The report reveals that the average Canadian owes $1.77 in debt for every dollar of disposable income, a trend that has been steadily increasing over recent years. This development is particularly concerning given the rising interest rates, which are exacerbating the difficulty of maintaining timely payments.

This Brandon’s Blog will explore the RBC report, the truth about household debt, including mortgage debt, in Canada, whether or not we are already in trouble and its implications for Canadian households.

The impact of rising interest rates on mortgage and other debt payments

The RBC report clarifies the negative impact of boosting the rate of interest on debt payments for Canadians. With the way we have seen the rate of interest growing, numerous Canadians are finding it significantly testing to handle their debt payments, specifically those with a variable-rate mortgage or loan product taken out at interest rates at pre-pandemic levels or credit card debt.

Interest rates have risen significantly, with the Bank of Canada’s Target Overnight Rate going from 0.5% in March 2022 to holding at 4.5% since January of this year. Anyone faced with renewing their mortgage is going to be in for a bit of sticker shock. The report also highlights a concerning pattern where a substantial number of Canadians are unprepared to handle the prospective fallout of rising interest rates on their ability to meet their financial obligations.

This RBC report highlights the expanding degree of debt among Canadians, which could potentially cause mortgage issues down the line. As more Canadians battle to keep up with their debt payments, RBC’s experience states that it is most likely that they might start missing mortgage payments. This could lead to serious consequences, such as the loss of their home or even bankruptcy. What’s even more, the report reveals that numerous Canadians are blissfully unaware of the possible dangers related to lugging around high levels of debt.

Understanding Household Debt in Canada

In order to attain a comprehensive comprehension of the ramifications of Canadian household debt, it is imperative to precisely define it. Household debt encompasses the aggregate sum of all financial obligations owed by Canadian households, including home mortgages, credit cards, lines of credit, and vehicle loans. Data released by the Bank of Canada indicate that the customary household debt-to-income ratio has been consistently escalating over the past few years, indicating a trend that is no longer just a blip.

This trend signifies that Canadians are taking on increasingly greater financial obligations in relation to their income. Coupled with the effects of inflation, it is apparent that, on average, Canadian household income is insufficient to meet the customary familial expenditures, resulting in families incurring more debt to maintain their standard of living.

Substantial household debt poses several possible risks to the Canadian economic climate. First of all, it can cause economic instability for Canadian households as they endeavour to satisfy their financial obligations. Second of all, increased degrees of financial obligation may result in a reduction in consumer spending, therefore negatively impacting the overall economy. Finally, households with elevated debt levels will likely be extra prone to default as the rate of interest hikes happens, potentially causing a cascade of defaults throughout the Canadian economy.

Canadians expect signs of trouble in the Canadian economy

Recent data indicates prospective problems surrounding Canadian household debt. In a survey of Canadians carried out by the Bank of Canada between January 27 and February 16, 2023, with follow-up interviews in March 2023, numerous key findings were uncovered.

The key findings were:

Assumptions for the rising cost of living in the coming 1 to 2 years have declined but continue to be dramatically greater than in the pre-COVID-19 period.
While consumers have reduced their price increase expectations for certain goods, such as commodities, inflationary assumptions for services such as rent stay raised.
A majority of consumers believe that the Bank of Canada faces obstacles in successfully lowering inflation because of high government spending and also ongoing supply chain disruptions. However, many remain hopeful that supply chain issues will be fixed within the next two years, resulting in reduced product prices influenced by the disruptions.
Alternatively, those that watch high federal government spending as a relentless inflationary force expect continued interest rate stress in the long term.
The present economic environment is characterized by elevated inflation and also a higher pattern of interest rates, which has actually resulted in installing strain on Canadians, especially those that are making monthly mortgage payments. Consumers are spending less on non-essential services, including leisure travel, eating in restaurants, as well as various other recreational activities.
A considerable majority of Canadians view an economic downturn to be one of the most potential end results for the Canadian economy within the following year. Nonetheless, many people continue to be uncertain regarding the direction of the economy, the labour market and unemployment rates. Such uncertainty has actually caused a tendency amongst consumers to reduce spending and increase savings as a preventative measure.
In spite of economic obscurity, workers show a favourable outlook on the job market, with several certain they could find new employment opportunities, especially those who are discontent with their present jobs. Private sector wage increase expectations are near an all-time high among employees.
Nonetheless, wage growth is expected to fall short of the rising cost of living, with most workers predicting their wages or salary will not equal current inflationary trends in the coming year.

Principal reasons for mortgage issues in Canada

Amidst the prevailing economic conditions, numerous homeowners are facing considerable difficulty in maintaining the escalating expenses associated with owning a home. Consequently, there is an anticipated surge in the number of defaulted mortgage payments in the forthcoming months. This trend is a source of apprehension for both homeowners and lenders.

As per the RBC Economics report, the principal reasons for mortgage-related issues in Canada are:

The rising cost of homeownership includes rising property taxes, insurance costs, and maintenance expenses.
Job loss or reduced income.
Reduced economic growth.
High household debt.
Increasing interest rates. This is especially true for homeowners with variable-rate mortgages, as their payments can fluctuate over time.
Unanticipated expenditures and low or no savings or emergency funds. Some homeowners may have taken on too much debt or purchased a home that was too expensive for their budget. In these cases, failed mortgage payments are almost inevitable.

The RBC report sustains the findings of the Bank of Canada study. It mentions that this might be due to a mix of elements, including climbing living expenses, stationary wage growth, and the high cost of housing. The repercussions of this could be extreme, affecting not only specific homeowners and their personal finances but the entire Canadian economic situation.

RBC states that it is critical that lenders, regulators, as well as policymakers, interact to address this problem effectively. Financial education, government programs and support for those dealing with financial debt can help protect against mortgage issues and defaults.

Consequences of mortgage issues in Canada

Failed mortgage payments can have significant consequences for both homeowners and also for mortgagees. For homeowners, missed payments can result in the power of sale or foreclosure process. This results in the loss of their house.

Potential lending institutions scrutinize credit history and also credit score prior to approving loan or mortgage applications. Uniformity in making payments is essential as it contributes to keeping a healthy credit rating. So being delinquent on debt and home mortgage payments and especially the loss of your house has a considerable unfavourable effect on your credit score and your capacity to get loans in the future.

The financial and mental stress of these mortgage issues cannot be overemphasized. It is vital that Canadians take positive steps to deal with their debt properly. The RBC report stresses the significance of looking for guidance and assistance from trustworthy financial specialists to help you be able to deal proactively with your debt problems before it is too late. By following this guidance, Canadians can protect their financial well-being and also avoid possible home mortgage problems in the future.

Delinquent mortgage and loan repayments can result in economic losses for lenders. Due to their reliance on periodic payments to sustain their operations, any missed payments can cause significant disruptions to their cash flow. This is particularly true for smaller lenders with limited resources as compared to larger organizations. When a substantial portion of a lender’s portfolio consists of delinquent and non-performing loans and mortgages, it can lead to a cessation of operations.

Coping with household debt and mortgage Issues: What Can Homeowners Do?

The RBC Economics report underscores the significance of proactive debt management by Canadians. While elevated levels of household debt may trigger apprehension, there are measures that individuals can undertake to mitigate the risk of financial ruin. One crucial approach is to look carefully at your personal finances and devise a budgetary plan and adhere to it. This can assist households in identifying superfluous expenditures and making necessary adjustments.

Furthermore, households ought to prioritize the repayment of high-interest non-mortgage debts such as credit cards. CTV News reported that non-mortgage debt is up by 5.4% when comparing the fourth quarter of 2022 to the same time in 2021. Seeking the guidance of a financial expert in developing a debt management strategy can also prove advantageous.

In the event of mortgage payment difficulties, there are several prudent measures that homeowners may take to forestall losing their homes. Firstly, contacting the lender and providing details of the financial predicament may yield positive outcomes. Numerous lenders extend hardship programs that facilitate a reduction in monthly payments or an interim suspension of payments.

In the event that you have an insurmountable challenge of making home mortgage payments and the looming threat of losing your home, it may be a good idea to very carefully consider the option of selling your residential property. By doing so, you can properly avoid the damaging end results of defaulting and losing your home and ultimately embark on a clean slate of living in a more affordable home.

All of these recommendations can be found in my May 1, 2023, Brandon’s Blog “MAXED OUT CREDIT? YOU NEED TO KNOW HOW TO INCREASE CREDIT SCORE: OUR 13 INTRIGUING TIPS TO IMPROVE YOUR CREDIT SCORE”.

However, if things have gotten out of control and your creditors are already pounding at the door, making harassing collection calls and possibly even suing you, you need to take immediate action. Contact me anytime by phone or email.

Mortgage issues: Conclusion

The RBC report has brought to the fore the intensifying concern of Canadians back-pedalling on their debt payments. The scenario is rather disconcerting, specifically given the surge in the rate of interest that pose a formidable challenge for Canadians to stay current with their financial obligations.

In addition, higher interest rates and the price of necessities of life have increased concerns about the surging debt levels amongst Canadians and the possible difficulties that could arise in the home mortgage market in the future. It is imperative that Canadians take aggressive measures to address their financial debt management strategies and appropriately plan for the ramifications of this new higher interest rate environment.

I hope you enjoyed this mortgage issues Brandon’s Blog.

It is not your fault you can’t fix this problem on your own. The pandemic has thrown everyone a curveball. We have not been trained to deal with this. You have only been taught the old ways. The old ways do not work anymore. The Ira Smith Team makes use of new contemporary ways to get you out of your debt problems while avoiding bankruptcy proceedings. We can get you debt relief now.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

Brandon Blog Post

BIA: 2 PEOPLE’S CHALLENGE SUING A CANADIAN LICENSED INSOLVENCY TRUSTEE

Post author By Brandon Smith
Post date April 24, 2023

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Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3) (BIA): Introduction

On April 13, 2023, the Supreme Court of Canada (SCC) dismissed the application by the legal counsel of a former bankrupt and his wife for leave to appeal the costs awarded against them in a decision of the Court of Appeal for Ontario. As is the usual case, the SCC did not give any reasons for the dismissal. The Court of Appeal for Ontario’s decision dealt with what is required under section 215 of the Bankruptcy and Insolvency Act (Canada) (BIA) to sue a licensed insolvency trustee.

In this Brandon’s Blog, I provide a comprehensive guide to the Court of Appeal for Ontario decision and everything you need to know about section 215 of the BIA. Using this real court decision as an example, we’ll explore the ins and outs of Section 215 of the BIA to give you a clear understanding of its purpose, how it applies, and the potential consequences of non-compliance.

Overview of BIA Section 215

Section 215 of the BIA requires that permission of the court be obtained to bring an action against the Office of the Superintendent of Bankruptcy Canada, an official receiver, an interim receiver or a licensed insolvency trustee with respect to any report made under, or any action taken, under the BIA.

The purpose of this section is to ensure that the court must first decide if a proposed action has on its surface a legitimate purpose relating to the administration of insolvency matters in Canada and to avoid frivolous actions that have no chance of success.

Regular readers of Brandon’s Blog know that I have been following and writing about the case of the former bankrupt, Mr. Wayne Flight and his wife, Amber Nicole Flight. In my November 2021 blog titled: TRUSTEE IN BANKRUPTCY: CERTAIN ACTIONS AGAINST TRUSTEE CAN BE UNLEASHED WITHOUT FIRST REQUIRING COURT PERMISSION, I detailed a decision of the Ontario court where the motion judge decided that notwithstanding section 215 of the BIA, the Flights did not need to first obtain authorization from the Court in order to initiate their legal proceeding.

Then in July 2022, I wrote that the licensed insolvency trustee (formerly called a bankruptcy trustee) had appealed this lower court decision and gave an overview of the appeal and other related issues in my blog titled: INSOLVENCY TRUSTEE: TURNS OUT CERTAIN ACTIONS AGAINST THE TRUSTEE CANNOT BE UNLEASHED WITHOUT COURT PERMISSION.

As stated above, this Brandon’s Blog will provide a comprehensive guide to the Court of Appeal for Ontario decision and everything you need to know about section 215 of the BIA.

BIA: The Motion Judge’s Decision

The motion judge decided that the Flights did not require the permission of the court, under s. 215 of the BIA, to bring an action against the Trustee, relating to the administration of four bankruptcies of Brian Wayne Flight! The same corporate trustee was the Trustee in each of his bankruptcy proceedings. The lower court judge rendered a decision that negates the applicability of the clause in dispute, deeming the action to be levied against the individual Trustee in a personal capacity, and further alleging omissions as a mitigating factor. She did not assess whether section 215 of the BIA did apply and if it did, should permission to proceed with the action be granted.

Upon due consideration of the arguments presented, the Court of Appeal for Ontario has granted the Trustee in Bankruptcy leave to appeal and has subsequently set aside the order of the motion judge. In rendering its decision, the appellate court has determined that pursuant to section 215 of the BIA, permission to bring the civil action must be obtained and has thus directed the matter back to the bankruptcy court to assess whether such permission should be granted.

It is noteworthy that, despite the Flights’ appeal of this ruling to the SCC, said appeal has been dismissed. Consequently, the matter will now be remanded to the bankruptcy court for further deliberations.

The BIA case background

Mr. Flight filed for bankruptcy on four separate occasions – specifically in the years 2004, 2006, 2011, and 2016. The same corporate trustee was the Trustee in respect of each of these bankruptcies. The same individual licensed insolvency trustee was the individual at the corporate trustee with carriage of Mr. Flight’s bankruptcies.

The total of the proven claims in the first three bankruptcies was $324,800. The total amount distributed to creditors of those bankruptcies was about $3,200. Proven claims in the fourth bankruptcy were $127,870.

In the year 2018, amidst his fourth bankruptcy, Mr. Flight uncovered the fact that substantial amounts had been unlawfully appropriated from his business operations between 2003 and 2018. The perpetrator of this offence was none other than Julie LeBlanc, his former spouse, his bookkeeper, and authorized agent. Ultimately, Mr. Flight determined that the amount of the misappropriations was approximately $206,000.

Mr. Flight successfully retrieved a sum of approximately $30,300 from Ms. LeBlanc, however, it was not submitted to the Trustee. Subsequently, in April 2018, Mr. Flight lodged a complaint with the Office of the Superintendent of Bankruptcy regarding the Trustee’s inability to identify Ms. LeBlanc’s actions. Following the formal complaint, the Trustee was made aware of Ms. LeBlanc’s illicit activities and the funds secured by Mr. Flight.

Disputes then arose between the Trustee and Mr.Flight concerning whether and on what terms he would be discharged from bankruptcy and how the payments from Ms. LeBlanc should be treated. In August 2019, Mr. Flight was granted a conditional discharge on terms that, if complied with, allowed him to receive an absolute discharge after twelve months. The Trustee and Mr. Flight did not agree as to whether those conditions were met.

In September 2019, Mr. Flight and his current spouse, Amber Nicole Flight, commenced an action against the individual licensed trustee, seeking relief (the “Action”). The Action does not name, or refer to, the corporate trustee, but it treats the individual trustee as though he were the Trustee. The central allegation in the Action is that the individual trustee, as the“Licensed Insolvency Trustee” for each of the bankruptcies, ought to have detected Ms. LeBlanc’s misappropriations and, once told about them, ought to have taken steps including suing Ms. LeBlanc.

As Mr. Flight states in his affidavit:

“At the heart of this action is the Trustee’s failure to detect, prevent, and once he became aware of it, to litigate, the theft and fraud committed by my former Accountant, Bookkeeper, and Power of Attorney, JulieLeBlanc”.

Did the undischarged bankrupt have the right to launch the Action under the BIA?

Both the individual trustee and the corporate trustee objected to the Action on the basis that at the time of its commencement, (i) Mr. Flight was an undischarged bankrupt person, and (ii) no permission was obtained under s. 215 of the BIA to bring the Action.

Mr. Flight brought a motion, in his bankruptcy proceeding, seeking directions with respect to whether he had the right to commence the Action as an undischarged bankrupt and, if required, seeking leave to do so under section 215 of the BIA.

In September 2020, and before the motion for directions was heard, Mr. Flight launched but did not proceed with, a motion for an absolute discharge. In October 2020, working with a different insolvency professional, he filed a consumer proposal under the BIA. It was accepted by Mr. Flight’s sole significant creditor in February 2021. The acceptance of the consumer proposal resulted in his bankruptcy being deemed annulled.

Following acceptance of the consumer proposal the motion judge heard the motion for directions with respect to the Action.

The Court of Appeal for Ontario’s analysis

The motion judge, sitting in the bankruptcy court, determined that permission was not required under section 215 of the BIA to commence the Action. She expressly did not determine whether, if permission were required, should it be granted. She did not address whether Mr. Flight’s status as an undischarged bankrupt at the time the Action was started prevented him from bringing it.

The motion judge described the Action as one seeking “a declaration that the defendant engaged in misfeasance, negligence, fraud and breach of fiduciary duty in his personal capacity and that the defendant was unjustly enriched.” She described the claims in the Action as alleging a theft (by Ms. LeBlanc) that caused Mr. Flight’s repeated bankruptcies, and as alleging that the individual trustee was liable since the“defendant trustee ought to have detected this fraud in the administration of the four bankruptcies”.

The motion judge described the Action as claiming damages flowing from the individual trustee’s alleged failure to: “take any meaningful action to address the alleged fraud and its impact on the fourth bankruptcy after its discovery”; “diligently commence an action against the former bookkeeper”; “investigate the fraud”; “adjust the plaintiff’s surplus income”; “recommend a consumer proposal in alternative to bankruptcy”; and “have the plaintiff promptly discharged from his fourth bankruptcy”.

The motion judge gave two reasons for finding that the Action did not require permission under section 215 of the BIA. According to her perspective, seeking recourse against trustees in their individual capacity does not necessitate prior authorization. Furthermore, it is noteworthy that the pursuit of legal recourse pertaining to omissions does not necessitate getting prior authorization.

The Court of Appeal for Ontario’s decision

The Court of Appeal for Ontario found that the motion judge erred in concluding that the capacity in which the Trustee was sued made section 215 of the BIA inapplicable. An action does not fall outside of section 215 of the BIA because it names an individual rather than the corporate trustee as the defendant, where the action alleges that the individual owed the duties of a Trustee and is liable as if he were the Trustee. Nor does an action fall outside of section 215 of the BIA because the claim asserts that it is brought against the Trustee in a personal capacity, where the gist of the claim is wrongdoing in the performance of the Trustee’s role.

The appellate court stated that the motion judge also erred in holding that an action that makes any allegation of an omission falls outside of section 215 of the BIA. Although section 215 does not apply to an action premised on the failure of a Trustee to do an act specifically and expressly mandated by the BIA, that is not the core allegation in the Flight’s claim. Section 215 applies to the Action, which alleges common law wrongdoing in the performance of the Trustee’s role, even if an aspect of that wrongdoing is described as an omission to act.

The Court of Appeal for Ontario granted the Trustee’s leave to appeal, allowed the appeal, and returned the matter to the bankruptcy court to determine whether the Flights should be granted permission to sue the individual trustee. The individual and corporate trustees were entitled to the costs of the appeal, fixed in the amount of $13,000, inclusive of disbursements and applicable taxes. Now that the SCC appeal is dismissed, the lower court will have to decide the real issues as determined by the Court of Appeal for Ontario

BIA: Conclusion

I hope you enjoyed this section 215 BIA Brandon’s Blog.

It is not your fault you can’t fix this problem on your own. The pandemic has thrown everyone a curveball. We have not been trained to deal with this. You have only been taught the old ways. The old ways do not work anymore. The Ira Smith Team makes use of new contemporary ways to get you out of your debt problems while avoiding bankruptcy proceedings. We can get you debt relief now.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

Tags bankrupt person, Bankruptcy and Insolvency Act, bankruptcy proceedings, BIA, bia section 215, civil action, Consumer Proposal, corporate trustee, current spouse, interim receiver, Ira Smith Trustee, legal counsel, licensed trustee, official receiver, trustee in bankruptcy, trustee in respect, trustee with respect, undischarged bankrupt

Brandon Blog Post

FEDERAL BUDGET 2023 AND PREDATORY INTEREST RATES: WHAT EVERY ENLIGHTENED CONSUMER MUST KNOW

Post author By Brandon Smith
Post date April 17, 2023

Interest rates: Introduction

From the 2023 Federal Budget, the Canadian federal government has garnered significant attention for its proposed measures regarding interest rates on predatory loans. This initiative has been lauded by activists as a commendable effort towards safeguarding consumer interests, promoting financial inclusivity, and antipoverty measures.

The budget aims to oversee the financial sector and extend protection to vulnerable Canadian consumers who may face challenges in accessing conventional bank loans. The budget is focused on facilitating economic policies that foster financial empowerment, encourage community development, and support grassroots initiatives.

In the wake of the ongoing COVID-19 pandemic, the Liberal government has made a noteworthy declaration regarding lowering criminal interest rates. Presently, the rates stand at an exorbitant maximum interest rate of 60%, leading to severe hardships for many individuals in repaying their loans. Therefore, the government has proposed a reduction of the maximum interest rate to an approximate annual interest rate, or as is formally described as the annual percentage rate (APR) of 35%, down from its existing equivalent of 47% APR. This move is anticipated to provide crucial respite to Canadians grappling with the financial repercussions of the pandemic and is reflective of the government’s proactive stance toward ensuring the welfare of its citizens.

In this Brandon’s Blog, I discuss this pivotal development in the Canadian financial landscape. As the government continues to prioritize the welfare of its citizens, this budget holds the potential to usher in positive changes in our society concerning predatory loans. I examine key terminologies such as federal budget, interest rates, and consumer protection alongside other pertinent phrases like anti-poverty measures, advocacy, and grassroots movements.

Hopefully, this Brandon’s Blog will also provide you with some insight into financial regulation, economic policy, and social justice and lead to a discussion of the impact of this budget on Canadians and their overall financial well-being.

Interest rates: Background information on predatory loans

Predatory lending is a financial practice that exploits vulnerable individuals, often resulting in excessive interest rates, undisclosed charges, and onerous repayment terms. These loans can be particularly damaging to borrowers as predatory loans make it next to impossible for vulnerable consumers to meet their obligations, leading to a cycle of debt.

Exorbitant interest rates that surpass the threshold of 60% annually have been classified as criminal interest rates under the Canadian Criminal Code. The culprits of this offence often include payday lenders, loan sharks, and other predatory lenders who exploit financially vulnerable Canadians. Typically, these lenders prey on those who belong to low-income households, those with a very poor credit score, new immigrants, and seniors who possess insufficient knowledge of the country’s financial system.

However, the Canadian Federal Government is proactively addressing this issue in its 2023 budget. The budget includes provisions to cap the interest rates charged by predatory lenders and support programs offering debt relief and financial empowerment.

This initiative demonstrates a commitment to promoting social justice and anti-poverty measures through economic policy. The efforts of activists and advocacy groups have been instrumental in advancing these measures.

Explanation of the Federal Government’s decision to cut interest rates on predatory loans

The Federal Government has decided to reduce interest rates on predatory loans, which typically offer short-term lending options at exorbitant rates of interest. These loans are often marketed to individuals who are facing financial instability, leading to a cycle of debt that can be challenging to break.

The Criminal Code limits the legal interest rate to a 60% annual rate. Any annual percentage rate above that is a criminal rate of interest. That criminal rate level has been in place since 1980 when the Bank of Canada’s overnight rate was 21%! Currently, some provinces permit the exemption for payday lenders resulting in exorbitant interest rates for payday loan options of up to $1,500 for a period of 62 days or less.

For the purpose of context, it deserves noting that the ceiling for the criminal interest rate has actually regularly exceeded the rates of interest levied by banks on their typical financing and mortgage products. Additionally, the maximum rate has gone beyond even the highest interest-bearing financing product supplied by financial institutions, credit cards, which commonly bring reasonably steep interest rates of approximately 19 to 20 percent.

The Government is proposing to lower the criminal interest rate to 35%, which is the rate established in Quebec. Provincial consumer protection laws mandate that any interest rate above this level would be deemed unlawful.

Interest rates: Common characteristics of predatory loans

Predatory financial products have long been identified by their high-interest rates, obscured junk fees, and unconscionable repayment terms, leading to a cycle of debt from which borrowers struggle to extricate themselves. As such, the budget’s emphasis on consumer protection, financial regulation, and social justice reflects a governmental commitment to the advancement of financial inclusion, debt relief, and anti-poverty measures.

These lending instruments often associated with payday lenders are designed to target low-income Canadians who are either vulnerable or have limited access to traditional financing channels. With exorbitant rates and fees, such loans often ensnare borrowers in a debt trap that is difficult to escape. The proliferation of predatory loans has inflicted serious damage on borrowers, and so it is imperative to thwart such practices through the implementation of effective regulatory measures.

The Federal Government’s decision to cut interest rates on predatory loans

The Canadian Federal Government’s implementation of reduced interest rates on predatory loans, as unveiled in the Federal Budget document, has garnered acclaim from social justice activists and financial empowerment proponents. This progressive step towards limiting interest rates on predatory loans has been a long-sought-after triumph for advocates who have tirelessly campaigned for this alteration over the years. The government’s decision to restrict interest rates on such loans to 35% will serve to shield borrowers from the detrimental cycle of debt arising from predatory lending practices, a particularly pressing concern given the surge in such practices during the COVID-19 pandemic, which has rendered countless individuals financially distressed.

Predatory lending practices have the potential to cause irrevocable harm to borrowers, with those already grappling to make ends meet being especially vulnerable. By imposing inflated interest rates and fees, predatory lenders are able to ensnare borrowers in an endless cycle of debt, thereby exacerbating the financial difficulties they face. Such actions not only impact the individuals involved but have wider-reaching implications.

Interest rates: Criticism of the government plan

Despite receiving praise from consumer and social justice advocates, the choice to reduce the interest rate on predatory loans in the 2023 Federal Budget has met some opposition. Critics have expressed the problem that this step can cause a greater rate of bankruptcies. They say that if this class of lenders is no longer willing to offer loans to these risky customers, they will leave the marketplace as a result of interest rates being capped. In that event, credit accessibility will no longer be available to those vulnerable people in Canada.

In addition, some critics state that the government should focus on establishing programs fostering financial inclusion, debt relief, and financial empowerment rather than enforcing rate of interest caps. They believe that caps on interest rates may not appropriately address the origin of poverty as well as exclusion.

Nonetheless, advocates of this regulatory measure see it as a necessary step towards shielding vulnerable Canadians, especially lower-income Canadians.

Benefits of cutting interest rates on predatory loans

The federal government’s budget proposal to lower the criminal rate of interest is expected to have a substantial influence on Canadians that are battling to repay their loans. Reduced interest rates will make it less complicated for Canadians to do so while hopefully being able to avoid falling further into debt. It is intended to decrease the financial strain on low-income households, seniors, and new immigrants that are especially vulnerable to aggressive financing methods.

Furthermore, the federal government’s budget proposal to introduce new steps to shield Canadians from predatory lending practices is a welcome development. Lenders will be subject to stricter oversight, which will hopefully help prevent them from capitalizing on susceptible Canadians. Stricter fines for lending institutions that breach the law will also act as a deterrent and help make certain that Canadians are dealt with in fairness and respect.

This particular federal budget 2023 proposal has garnered praise from consumer advocates due to its emphasis on consumer protection, financial inclusion, and social justice. Particularly noteworthy is the government’s decision to limit the interest rates that predatory lending institutions can charge. This will particularly impact payday loan products. This measure is deemed critical in protecting vulnerable Canadians.

Interest rates: Criticisms of the decision

Notwithstanding the praise this proposal has thus far received, the decision to lower the criminal rate of interest on predatory lending has actually not been without its detractors. Doubters have actually expressed that such a measure may result in some problems. Critics of this proposal say that there may be an increase in defaults on debt, as predatory loan providers may choose to decline certain loan applications from high-risk customers, thereby cutting off their access to credit. Without such access, they will be unable to repay other debt that is about to go into default.

Critics of this plan have suggested that the government should prioritize other legislative measures and initiatives that actually promote monetary inclusion, debt relief, and financial empowerment instead of focusing on caps on interest rates. They say that lowering the criminal interest rate does nothing to deal with the underlying sources of problems experienced by such bad credit and lower-incomed Canadians.

Benefits of cutting interest rates on predatory loans

Predator loans are normally considered underhanded and damaging to borrowers, as they generally involve high-interest rates, hidden costs, and other terms that make it difficult for borrowers to repay the loans.

Reducing interest rates on loans can also make it less complicated for people to re-finance their existing loans, which can lower their monthly payments and free up more cash for various other expenses. This can be specifically advantageous for people that are struggling to make ends meet, as it can supply some much-needed financial relief.

The major advantages seem to be:

reduced financial burden on borrowers
potential reduction in default rates
increased economic stability

In general, we will certainly have to wait and see if there is a benefit to Canadians that have no choice but to obtain predatory loans. Will they benefit from this proposal or simply be pressed to the darker corners to get their loans wheretheir financial and personal health will be in danger?

Interest rates: Conclusion

We will have to see if this reduction in the criminal rate of interest ever becomes law and if it fact will help those financially vulnerable Canadians who must seek out predatory loans, such as payday loans.

I hope you enjoyed the interest rates on Brandon’s Blog. Revenue and cash flow shortages are critical issues facing people, entrepreneurs and their companies and businesses. Are you now worried about just how you or your business are going to survive? Are you worried about what your fiduciary obligations are and not sure if the decisions you are about to make are the correct ones to avoid personal liability? Those concerns are obviously on your mind. Coming out of the pandemic, we are also now worried about the economic effects of inflation and a potential recession.

It is not your fault you can’t fix this problem on your own. The pandemic has thrown everyone a curveball. We have not been trained to deal with this. You have only been taught the old ways. The old ways do not work anymore. The Ira Smith Team makes use of new contemporary ways to get you out of your debt problems while avoiding bankruptcy. We can get you debt relief now.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

Brandon Blog Post

IMPORTANT LEGAL DECISION: HOW PRIORITY IS ASSIGNED BETWEEN CONSTRUCTION ACT LIEN AND LICENSED INSOLVENCY TRUSTEE FEE

Post author By Brandon Smith
Post date April 10, 2023

construction act

Construction Act, R.S.O. 1990, c. C.30: Introduction

In May 2020, I wrote Brandon’s Blog CONSTRUCTION LIEN ACT: CAN YOU TRUST AN INSOLVENCY PROCEEDING?

In October 2021, I wrote CONSTRUCTION LIEN ACT OF ONTARIO: THE GRIPPING FIGHT BETWEEN LIEN FILING, A PRIOR MORTGAGE & RECEIVER FEES. In that blog, I wrote about what a construction lien is and a decision of the Court of Appeal for Ontario in a receivership context.

Now there is a decision released by the Alberta Court of King’s Bench of Alberta on February 15, 2023, regarding Golfside Ventures Ltd (Re), 2023 ABKB 86 (CanLII). This decision relies on the Court’s inherent jurisdiction rather than following a specific rule set out in the Bankruptcy and Insolvency Act (Canada) (BIA). Based on the specific facts of this case, this decision sets the priority between a construction lien and the fee and disbursements of a licensed insolvency trustee (formerly called a bankruptcy trustee).

I have compiled a comprehensive guide to help you understand the case’s implications. Our guide provides information on the Ontario Construction Act, R.S.O. 1990, c. C.30 (Construction Act) the background of the case, the decision, and what it means for stakeholders in the construction industry if this decision is not overturned on appeal (should an appeal be launched) and if this line of thinking was adopted in Ontario.

Our understanding hopefully provides clarity for contractors, builders, lawyers, lenders and other construction industry players. Following the Alberta Court’s decision, it is necessary to understand how a Construction Act lien will rank against other claims and especially the licensed insolvency trustee fees. Our guide will help readers learn:

the importance of a construction lien
the background of the case;
what the Court’s decision was;
the implications of the case; and
how to protect their interests under similar circumstances.

We caution that we are not lawyers and especially not construction lawyers. Anyone involved in the construction industry needs to seek the advice of their legal counsel.

Our specialty is that of a licensed insolvency trustee. We will be jumping between the requirements of the Construction Act in Ontario and the Alberta Court decision. Since bankruptcy matters are federal law, while the Construction Act is provincial law, I feel that the comparison is apt.

What is the Ontario Construction Act?

The Construction Act is a piece of legislation in the province of Ontario. The act regulates the construction industry in Ontario and outlines the rules and requirements for construction contracts, requests for payment, the prompt payment regime and payment dispute resolution.

The Construction Act is divided into various parts, each dealing with different aspects of construction. Part II outlines the trust provisions and the interim dispute resolution provisions. Part III deals with the construction lien, which allows contractors and subcontractors to secure payment for work they have done. Part IV outlines the holdback provisions Part V of the act deals with the expiry, preservation and perfection of construction liens.

The current Construction Act came into being in September 2021. Before then Ontario had the Construction Lien Act. Overall, the Construction Act is an important piece of legislation for the construction industry in Ontario, providing a framework for fair and equitable treatment of all construction contracts, payment, and dispute resolution. As a business owner or contractor in the construction industry, it is essential to understand your rights and obligations under the Construction Act.

One very complicated area of this provincial law is the ranking of a Construction Act Lien against licensed insolvency trustee fees in the event of a company’s insolvency and bankruptcy. The recent decision from the Alberta Court sheds light on this topic and provides valuable insights for contractors, business owners and insolvency professionals.

construction act

What is a construction lien under the Construction Act?

A construction lien is a legal claim against a property that is created by a contractor, subcontractor, or supplier who has provided labour or materials for the improvement of that property. The purpose of a construction lien is to secure payment for the work or materials provided by the claimant.

In Ontario, construction liens are governed by the Construction Act, which outlines the process for creating, perfecting, and enforcing liens. A construction lien arises when a contractor, subcontractor, or supplier provides work or materials to improve a property but is not paid for that work or materials. The lien gives the claimant the right to take legal action to enforce the claim for payment.

Please note: While I cannot claim expertise in this particular field, I have served as a Court-appointed receiver for incomplete construction projects as a licensed insolvency trustee. As such, I have gained valuable experience dealing with a variety of construction lien issues within the context of receiverships.

Improvements to the Construction Lien Act of Ontario in making the Construction Act has focused primarily on implementing prompt payment provisions and establishing mechanisms for resolving disputes, such as the adjudication regime. Under provincial construction law, the prompt payment rules refer to the timely payment of an invoice following the issuance of a “proper invoice.”

Specifically, contractors must receive payment for their work within 28 days of their invoice being received by the owner. The owner has 14 days to object to the amount, quality, or invoice of the work outlined in the invoice. Additionally, the time limit for filing/preserving liens has been extended from 45 days to 60 days.

The primary objective of this revised policy is to enhance cash flow management within the construction hierarchy by expediting conflict resolution and avoiding either late payment or non-payment. The newly implemented adjudication provisions are designed to resolve construction disputes proficiently with qualified adjudicators and a code of conduct for their ethical conduct.

In the event of a failure to extend the timeline, the adjudication regime mandates that the decision must be rendered within 46 days of initiation. If a party fails to comply with the adjudicator’s decision, the aggrieved party is entitled to halt or terminate work under the contract.

Under industry standards, holdbacks necessitate that the landowner, the contractor, or the subcontractor withhold a sum of 10% from the overall expense of materials or services rendered. It is permissible to furnish a bond or security deposit in place of the holdback contingent upon the provisions outlined in the contractual agreement.

To perfect a construction lien under the Construction Act, the claimant must follow a specific process. First, the claimant must provide written notice of their intention to lien to the owner of the property, the general contractor, and any other parties with an interest in the property.

After providing notice, the claimant must register the lien with the Ontario Land Registry Office after the last day the claimant provided work or materials. The registration of the lien must include specific information, such as the amount claimed, a description of the property, and the names of the parties involved.

Once the lien is registered, the claimant must take legal action to enforce the lien within a specific timeframe, or the lien will expire. This legal action results in the filing of a lawsuit to enforce the lien or participating in mediation or arbitration to resolve the dispute. There are specific time frames to all these steps under the Construction Act which must be followed.

Overall, construction liens provide important protections for contractors, subcontractors, and suppliers by allowing them to secure payment for their work or materials. However, the process of creating and enforcing a lien is complex. It is important to seek legal advice to ensure that the lien is properly perfected and enforced.

Definition and criteria for awarding licensed insolency trustee fees in a Canadian bankruptcy

In accordance with the BIA, a licensed insolvency trustee (LIT) in Canada is authorized by the federal government to oversee bankruptcies and proposals. It is mandatory for individuals or companies that file for bankruptcy to designate a LIT to manage the process.

The fees of a LIT in small consumer personal bankruptcy files are determined by a tariff established by the Office of the Superintendent of Bankruptcy. This tariff is meant to fairly compensate LITs in these small files.

In all corporate bankruptcy and larger personal bankruptcy administrations, the LIT’s fee depends on the complexity of the case, as well as the value of assets and liabilities involved. The LIT must have its fee and disbursements approved by the Court in these larger files.

It is imperative to acknowledge that a particular hierarchy is established in the BIA that determines the order of priority in which a LIT’s fees are paid from the assets of the bankrupt estate. Prior to any ordinary unsecured creditors, LITs are compensated after trust claimants, secured creditors, and preferred unsecured creditors. Consequently, any remaining funds earmarked for LITs’ remuneration will curtail the amount accessible to cover the claims of ordinary unsecured creditors.

This is where the issues in the Alberta case arise. Before agreeing to accept an insolvency assignment, the LIT needs to understand how they are going to get paid. In a bankruptcy where there are secured creditors, those creditors may suffer a shortfall and therefore there will be no money available for the LIT fees and disbursements, even if they are fully approved.

In such cases, the LIT must first get a sizable cash retainer or the indemnity of a third party who can afford to pay the fees and costs upfront. This must be done by the LIT BEFORE accepting the file. It is most important for the LIT to pay attention to how it is going to get paid for administering bankruptcy. There are certain red flags that must be identified when assessing a potential bankruptcy administration, especially for an unfinished construction project.

construction act

Different types of licensed insolvency trustee fees in a Canadian bankruptcy

LIT fees pertain to the charges levied by a Trustee for the range of services provided in the administration of a bankruptcy estate. These fees are extracted from the estate’s assets and are contingent on the intricacy of the case, the amount of time and effort invested by the Trustee, and the overall value of the assets in question.

According to the BIA, LIT fees are determined based on specific criteria that govern the administration of bankruptcy proceedings. Both the fees and expenses incurred by the Trustee and their legal representative must be approved by the Court. As a result, the LIT must acquire the Court’s authorization for their expenses and charges.

The Court holds the power to decide the amount and fairness of the Trustee’s fees. The Court considers several factors such as the complexity of the case, the amount of time invested by the Trustee, the value of the assets involved, and the quality and level of services rendered by the Trustee. The Court also takes into account the evidence of any party opposing the approval of the LIT’s fees as submitted for approval.

The services rendered by a LIT are subject to regulatory oversight under the BIA, which has established a framework for fees that can be charged by LITs. These fees are bifurcated into two categories:

Administrative Fees: These fees are levied by LITs for the administrative work they perform during the bankruptcy process. They encompass a range of activities such as document preparation and filing, communication with creditors, and asset collection, realization and distribution.
Disbursement Fees: LITs charge disbursement fees for expenses incurred while managing the bankruptcy. These expenses can range from fees for appraisers, Court filing fees, and legal fees, and are typically reimbursed from the debtor’s estate.

Importance of paying attention to bankruptcy trustee fees

Bankruptcy cases entail a diverse range of fees that creditors and relevant parties must meticulously monitor. Trustee fees are a significant aspect of these fees, as they could significantly impact the funds available for creditor payments. Thus, understanding the mechanics of these fees and their implications on your bankruptcy interests is crucial.

This is especially pertinent for those affiliated with the construction industry or those who supply products and services to construction projects. In recent years, there has been some confusion and uncertainty surrounding how Construction Act liens rank against Trustee fees in bankruptcy cases.

Regrettably, in my view, the recent judgment from the Alberta Court of the Golfside Ventures Ltd (Re), 2023 ABKB 86 (CanLII) decision has only served to exacerbate this ambiguity, rendering the matter even more perplexing.

The following is my take on the Golfside Ventures Ltd (Re), 2023 ABKB 86 (CanLII) decision.

construction act

Golfside Ventures Ltd (Re), 2023 ABKB 86 (CanLII): Recent legal decision How priority was assigned between Construction Act lien and Bankruptcy Trustee Fees

Background of the case

In February 2019, Golfside Ventures Ltd. and Hustle Holdings Ltd. joined forces through a Joint Venture Agreement to develop forty-four parcels of barren land in Redwater, Alberta, commonly known as the Lands. However, shortly after the agreement was made, Golfside was declared bankrupt, with the Lands remaining as its sole asset.

Prior to the bankruptcy, the Trustee conducted due diligence and determined, notwithstanding the registrations against the title, that there was sufficient equity in Golfside’s assets to cover the associated fees and expenses. The Trustee also obtained an agreement with a third-party company to postpone and subordinate any of its claims against Golfside.

Despite these measures, one of the mortgagees filed a Builders’ Lien against the Lands after the bankruptcy commenced, claiming approximately $5,500,000 in relation to the joint venture. The Trustee disallowed the lien claim, prompting the creditor to appeal.

The Trustee, in seeking guidance and direction from the Court, filed a motion for the granting of an Order creating a first charge on the assets of Golfside in favour of the Trustee’s fee and disbursements, including legal fees. This request was made to ensure that the Trustee’s reasonable professional fees and disbursements are secured in their payment. The Trustee is relying on the principles of fairness and the inherent jurisdiction of the Court in making this request.

The Respondents asserted that the Trustee should have been aware of the existence of a lien prior to their appointment. They argue that the rights of secured creditors, as outlined in the BIA, should govern this situation, with secured lien claims taking priority over the payment of fees and disbursements to a bankruptcy trustee.

So the issue before the Court was can, and if so, should, the Court exercise its inherent jurisdiction to grant a charge in favour of the Trustee against the Lands and the proceeds from the sale of the Lands to secure the Trustee’s costs?

Court’s ruling and reasoning

Section 39 of the BIA sets out Trustee remuneration. Secured claims rank in priority over a trustee’s fees and expenses. A trustee should arrange to protect itself before incurring fees, expenses, and legal costs to administer the estate.

The lien claimant as a secured creditor would have priority over the Trustee‘s fees and expenses in the case of bankruptcy. The BIA provides the priority scheme for distributing proceeds of a bankrupt’s estate. It is not clear if the Court’s inherent jurisdiction can be applied in this situation. If so, the claim for lien would have precedence over the Trustee’s fees and expenses.

The Trustee would be entitled to a portion of the amount remaining out of the realization of the property of the debtor after the claims of the secured creditors have been paid or satisfied (s 39(2) in this case). The claim for lien would have priority over the Trustees’ fees and expenses.

The Trustee submitted that the Court may exercise its inherent jurisdiction to grant the requested charge. The Respondents take the position that the BIA is very clear and that the Trustee who incurred fees and expenses did so at its own peril. The Trustee’s responsibility is to ensure that only valid claims to the assets under administration are recognized. Determining the validity and priority of claims has a real cost.

In a prior decision, the Court ultimately granted a Trustee a charge over funds in its possession to the extent necessary to permit recovery of 50% of its reasonable fees and disbursements.

The Trustee in this case applied to have priority over the creditor in its capacities as both a mortgagee and as a lien claimant. Because each amount of these two claims exceeded the value of the assets, the Trustee applied for priority over the creditor as mortgagee also.

The Respondent mortgagee and lien claimant stated that the Trustee’s request is plainly contrary to the priority rights afforded secured creditors under the BIA. The court ultimately granted the Trustee the charge over the funds in Its possession, relying upon the inherent jurisdiction of the Court.

Construction Act: Impact of the decision on businesses, contractors and owners

We must remember that this is an Alberta court case, so, unless this decision is overturned on appeal, it only affects insolvency proceedings in Alberta. However, it will be interesting to see if this same approach is ultimately followed in other provinces. There are two parts to the secured claims of the Respondent: (i) a mortgage registered against title prior to the bankruptcy; and (ii) an unregistered security interest at the date of bankruptcy.

The Respondent’s submissions were correct. The BIA is clear. The claims of trust claimants, secured creditors and a very small type of special claims come ahead of the right of the licensed insolvency trustee to obtain its taxed fee and costs from the realization of the assets in a bankruptcy administration.

As stated above, the Court chose to use its inherent jurisdiction to override the relevant provisions of the BIA to grant the charge ahead of all secured claims, registered and unregistered. Albeit the Trustee had disallowed the construction lien claim which was unregistered at the date of bankruptcy and that disallowance was under appeal.

Whether other provincial courts will follow this decision only time will tell. If they do, will it then be common for courts to rule that the fee and expenses of a licensed insolvency trustee in administering a bankruptcy can prime a registered mortgage against lands? What about personal property security?

The recent decision from the Alberta Court concerning the lien claimant vs the Trustee fees is significant for anyone involved in any industry including the construction industry. Businesses, contractors and owners deserve certainty when dealing with insolvent companies. Unfortunately, this decision does not provide any certainty as the Court allowed the Trustee to prime both an unregistered charge, albeit of unknown value and a registered mortgage charge.

It seems to me that this decision should be appealed. I currently do not know if it is being appealed. In my opinion, the Court did more than just use its inherent jurisdiction. It used that authority to essentially rewrite the portion of the BIA that says creditors with valid security are outside the bankruptcy process, should be allowed to enforce their security and the Trustee’s fee and costs comes after the claims of secured creditors. Parliament did not intend this.

Also, by making this decision, the Court made moot the right of the construction lien claimant to appeal the Trustee’s disallowance of its claim to the Court. If there will not be any funds available after the Trustee’s fee and costs and the claimant’s mortgage, then the resulting effect is that the construction lien claim, assuming there is a valid monetary claim, is rendered to the class of ordinary unsecured even without the Trustee’s disallowance.

construction act

Construction Act: Conclusion

I hope you enjoyed this Construction Act Brandon’s Blog. Revenue and cash flow shortages are critical issues facing people, entrepreneurs and their companies and businesses. Are you now worried about just how you or your business are going to survive? Are you worried about what your fiduciary obligations are and not sure if the decisions you are about to make are the correct ones to avoid personal liability? Those concerns are obviously on your mind. Coming out of the pandemic, we are also now worried about the economic effects of inflation and a potential recession.

It is not your fault you can’t fix this problem on your own. The pandemic has thrown everyone a curveball. We have not been trained to deal with this. You have only been taught the old ways. The old ways do not work anymore. The Ira Smith Team makes use of new contemporary ways to get you out of your debt problems while avoiding bankruptcy. We can get you debt relief now.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

Brandon Blog Post

5 SURPRISING THINGS YOU CAN DO WITH YOUR CANADIAN TAX REFUND (THAT AREN’T SHOPPING)

Post author By Brandon Smith
Post date April 3, 2023

What is a Canadian tax refund?

In April, Canadians must pay their income tax liability for the prior year and when most Canadians file their income tax returns. Getting a Canadian tax refund can be an amazing experience for numerous Canadians. It’s like obtaining an unexpected reward from the federal government. The idea of having extra money to spend can be thrilling as well as inspiring, and it can offer a sense of relief and security for those that might be battling financially.

Even just the knowledge that you will be getting a tax refund is exciting, as taxpayers excitedly wait for the confirmation of how much money they will be getting back. Everyone uses this time to think about how they are going to spend their refund. Overall, the enjoyment of receiving a tax refund is a favourable experience.

But what is a Canadian tax refund? Following the filing of their annual income tax return to the Canadian government, a taxpayer may receive a sum of money known as a tax refund. This refund represents the variance between the total amount of taxes paid by the taxpayer throughout the year and those they actually owe, based on their income and tax deductions/tax credits. In the event that a taxpayer has paid more taxes than they are required to, they will be issued a refund for the surplus amount.

While many people find it appealing to go on a shopping spree or book a holiday with that extra cash, there are really a lot more surprising and also functional things to use for your Canadian tax refund. In this Brandon’s Blog, I will explore 5 things you may not have thought about that you can do with your reimbursement that will certainly not only profit you financially but also assist you to accomplish your long-term objectives.

From investing in your retirement to repaying some financial debt, these alternatives might not be as interesting or exciting as a brand-new wardrobe or a journey to an exotic location, but they can have a substantial effect on your financial well-being. So, before you hit the shopping centre or book your next trip, take a minute to take into consideration these alternate suprising ways to use your tax refund. You may be amazed at just how much more satisfying it is to put that money towards something that will benefit you financially in the future. Let’s jump in!

5 surprising things you can do with your Canadian tax refund

It’s that time of year yet again – tax time. While it can be a difficult time for many, there’s always the possibility of a silver lining: the opportunity for a tax refund. According to the Canadian federal government, the average Canadian tax refund was $2,086 in 2022. There are at least 5 surprising things you can do with your Canadian tax refund that isn’t shopping.

So if you’re questioning what to do with your Canadian tax refund this year, keep reading – you could be surprised by the choices available to you. Here are the 5 ways that will help with your financial planning and money management:

1. Utilizing your Canadian tax refund to plan for your retirement is a wise decision.

Here are some practical ways to achieve this:

Establish an RRSP: It is recommended to open an RRSP account with a reputable financial institution or insurance company as a means of building your retirement savings. You can contribute up to 18% of your previous year’s earned income, up to the 2023 limit of $30,780. This approach enables you to save more for your future while minimizing your tax liability today. As a result, every dollar of your Canadian tax refund will have a meaningful impact on your retirement fund.
Make a contribution to your existing RRSP: Use your Canadian tax refund to make a contribution to your existing RRSP account. The payment is tax-deductible, which will lower your taxable income and therefore your 2023 tax obligation.
Select your financial investments: Choose exactly how you wish to invest the money within your RRSP. You can select from a potpourri of financial investment options, all depending on your risk tolerance and how far away from retirement you are. This is an important element of financial planning.
Monitor and also readjust your portfolio: Frequently review your investment portfolio to make sure that it is aligned with your long-term goals. Make changes if essential to make certain that you’re on track to accomplish your retirement goals.

Investing in your retirement is a wonderful way to guarantee that you have adequate cash to support your lifestyle after you quit working. By using your Canadian tax refund to make payments to your RRSP, it is both good financial and tax planning because you’re capitalizing on a tax-efficient method to save for your future.

2. Donate to a charity or a cause you care about

Contributing all or a part of your Canadian tax refund to a charity that you believe in is a fantastic way to produce a positive impact on the world. Follow these sensible actions to make a distinction:

Select a charity: Donate to a charity that resonates with your values and beliefs. You can choose one or more charities that contribute either to your local area or anywhere around the world.
Make a contribution: Use your Canadian tax refund to make a donation to your chosen charity. The majority of charities accept contributions via online platforms, and many permit automatic month-to-month contributions.
Think about a matching gift: Examine if your company provides a donation program to specific charities that match the amount of money you donate to. See if any of those charities appeal to you.

3. Pay off high-interest debt

Using your Canadian tax refund to pay off high-interest debt is a clever way to improve your financial situation. Below are some actions you can take:

Determine what your high-interest debt is: Take a look at your debts and find those with the greatest rate of interest. These are commonly credit cards, personal loans, or payday advances.
Establish the total up to pay off: Calculate just how much of your Canadian tax refund you can afford to use to repay the high-interest financial debt. It’s of course best to be able to pay off the entire debt, but if you can’t, pay down as much as you can of the high-interest rate debt.
Make the repayment: Use your tax refund to repay in full or pay down the highest-interest rate debt first. Make certain to comply with any payment conditions set by your lender or financial institution.
Prevent accumulating brand-new financial debt: Once you’ve settled the high-interest financial obligation, stay clear of building up new high-interest rate financial debt by budgeting your expenses and restricting your use of credit cards. You don’t want to start increasing high-interest-rate debt again after you have paid it off.

Settling high-interest debt is a clever financial action since it can conserve your money in the future by reducing the amount of interest you’ll pay. It can also help improve your credit rating, which can help you in the future when you need to apply for a home or car loan. By using your Canadian tax refund to settle high-interest debt, you can take a step in the direction of financial stability and ultimately freedom from debt.

4. Take a course or learn a new skill

Utilizing your Canadian tax refund to take a program or discover a brand-new skill can be a fantastic financial investment in yourself as well as your future. Here are some steps you can take:

Select a training course or skill: Determine a course or skill you wish to learn that can benefit you in your work or personal development. This can be an accreditation program, a language course, or a skills workshop.
Study choices: Look for reliable establishments that supply the program or skill you intend to learn. You can additionally look for online options or free courses offered on the internet.
Determine the cost: Establish the overall price of the program or skill, including any kind of materials or books you might need to acquire.
Pay for it with your tax refund: Use your Canadian tax refund to pay for the course or skills training. This way you don’t have to pay any money to invest in your personal growth.
Devote yourself to learning: Once you have actually enlisted in the training course or skills workshop, dedicate yourself to completing it. Set aside time each week to attend class, do homework and study. Stay encouraged by setting objectives and tracking your progression.

Using your Canadian tax refund to further your education and learning can help your personal development and your career, or just find a brand-new interest. By using your Canadian tax refund to take a course or discover a brand-new skill, you’re making a wise financial investment in your future.

5. Start or add to your emergency fund

Using your Canadian tax refund to begin or contribute to your emergency fund can be a clever way to plan for unforeseen expenses. Here are some steps you can take:

Establish just how much to save: In previous Brandon’s Blogs, I have recommended that everyone have an emergency fund of 3 to six months’ worth of household expenses in their reserve. Calculate how much you must save based on your monthly household expenses.
Open a separate account: Open up a separate savings account for your emergency reserve. Treat this account as untouchable, except in the case of a real emergency. This will make it less complicated to track any emergency expenses you must pay from this account. You must honestly treat this account as being “in case of emergency break glass” and not use it as a nice place to get some money from whenever you feel like it.
Set up automated transfers: Set up automated transfers from your everyday bank account to your emergency fund interest-bearing account. This will allow you to maintain the discipline of saving monthly from your income and avoid forgetting to contribute to your fund.
Use your Canadian tax refund: Use your tax refund to make a round-figure payment to your emergency reserve. This can assist you in reaching your savings objective faster.
Stay clear of utilizing the cash for non-emergencies: Resist the lure to utilize your reserve for non-emergency expenses. Keep the cash in the account until you need it for unexpected emergency expenses like additional medical costs, a major auto repair bill, or in case of job loss.

Beginning or contributing to your emergency fund can provide additional financial security when faced with unforeseen expenses. Use your Canadian tax refund to jumpstart your financial savings. You are taking positive action to reach financial stability and freedom.

Canadian tax refund conclusion

In conclusion, your Canadian tax refund presents an opportunity to do more than just indulge in shopping sprees. By exploring alternative uses for your refund, you can not only make the most out of your money but also achieve various personal and financial goals. Whether it’s investing in your future, contributing to a cause you care about, or simply treating yourself to an experience, the possibilities are endless. So, before you hit the stores or add to your cart, take a moment to consider these surprising options and think outside the box. Your tax refund could be the key to unlocking new opportunities and experiences that will enrich your life for years to come.

I hope you enjoyed this Canadian tax refund Brandon’s Blog. Revenue and cash flow shortages are critical issues facing people, entrepreneurs and their companies and businesses. Are you now worried about just how you or your business are going to survive? Are you worried about what your fiduciary obligations are and not sure if the decisions you are about to make are the correct ones to avoid personal liability? Those concerns are obviously on your mind. Coming out of the pandemic, we are also now worried about the economic effects of inflation and a potential recession.

It is not your fault you can’t fix this problem on your own. The pandemic has thrown everyone a curveball. We have not been trained to deal with this. You have only been taught the old ways. The old ways do not work anymore. The Ira Smith Team makes use of new contemporary ways to get you out of your debt problems while avoiding bankruptcy. We can get you debt relief now.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

Brandon Blog Post

SILICON VALLEY BANK: COULD A CANADIAN BANK EXPERIENCE A GIGANTIC CATASTROPHIC FAILURE?

Post author By Brandon Smith
Post date March 20, 2023

silicon valley bank

Silicon Valley Bank failure: The SVB collapse

A subsidiary of the SVB Group called Silicon Valley Bank was heavily servicing the technology industry. The California-based Silicon Valley Bank is located in Santa Clara, in the Golden State and has been around since 1983. Ever since, they have actually opened up offices in a lot of various other places like the UK, Israel, as well as China.

Silicon Valley Bank’s pride and joy was all about supplying a variety of financial solutions, such as commercial business loans, private banking, asset administration, and also financial investment banking. They focused on dealing with start-ups, investors, and technology firms at differing phases of growth, providing them with access to resources, and know-how, as well as vital sources of capital.

With an eager focus on advancement, Silicon Valley Bank’s aim was to promote close relationships with the tech industry. They have actually contributed to funding lots of top-level technology firms, including Amazon, Tesla, and also Twitter, among others.

In this Brandon’s Blog, we dive deep right into the murky waters of SVB’s bankruptcy. We explore the various elements that contributed to this significant downfall and also look at what could happen if a Canadian financial institution failed.

Silicon Valley Bank failure: A brief history of Silicon Valley Bank

Silicon Valley Bank has been a game-changer in the tech market by satisfying the financial requirements of budding start-ups and their VC investors. With a first emphasis exclusively on tech start-ups, SVB soon branched out to cover a varied range of markets, including health care, energy, and even the wine industry.

At the heart of SVB’s organization lies a unique technique – developing resilient relationships with businesses just coming into existence and beginning to display signs of future potential, offering tailor-made financial and advisory solutions to allow for their development and growth. As well as it’s not a surprise that for many years, this Silicon Valley financial institution has actually contributed to the success of countless technology giants that we know today.

silicon valley bank

The Impact of Silicon Valley Bank’s failure on the Tech Industry: Here’s the latest on the banking crisis

With SVB being a principal in the industry, its death has created a void that will certainly be hard to fill. The financial institution’s lending tended to focus on early-stage start-ups making it a vital source of financing for lots of young businesses. Its bankruptcy has actually left most of these start-ups battling to secure funding, with fewer alternatives offered out there.

Along with its impact on startups, the Silicon Valley Bank failure has additionally influenced venture capitalists and also other investors. Numerous VC firms had partnerships with the bank, which gave them crucial financial and also consulting services. With SVB’s closure, these companies are now left without this key partnership, making it difficult for them in an unstable marketplace.

Silicon Valley Bank failure: What led to the Silicon Valley Bank failure?

Last week, SVB shocked the financial world by filing for bankruptcy protection. The reasons cited by the institution varied, including defaults on bad loans and losses in their investment holdings. Unfortunately, that’s not all. SVB was also hampered by regulatory restrictions and fierce competition, making it difficult to secure profits.

Many in the industry are bewildered by SVB’s sudden downfall, wondering how such a once-thriving bank could plummet so rapidly. Reports have uncovered that the root of SVB’s troubles can be traced back to their daring lending tactics.

SVB was renowned for its bold lending practices, including funding startups at an early stage with little to no revenue. Although this approach had delivered remarkable returns in the past, it left the bank now in this sad state.

silicon valley bank

Silicon Valley Bank failure: Can Canadian banks fail?

Naturally, bank failures can be a source of worry for Canadians since we put their money into financial institutions. The issue of whether or not a bank failure is a concern in Canada has been widely debated.

The stability and security of the Canadian banking system are widely acknowledged as among the best in the world. This is attributed partly to the rigid guidelines and also oversight enforced by both the federal government and the Bank of Canada. The financial industry in Canada is dominated by five main large institutions; The Royal Bank of Canada, TD Bank, Scotiabank, Bank of Montreal, as well as the Canadian Imperial Bank of Commerce, with smaller financial institutions and also credit unions also adding to the industry.

The diversity of the Canadian banking system spurs competition and aids to mitigate the risk of systemic failure in the event of a financial crisis. To make sure that the financial institutions have the required funding to withstand declines in the Canadian economy, Canadian banks need to hold sufficient capital and also undergo regular stress tests.

Although anything is possible, Canadian economic history and the regulation of Canadian banks suggests that a Canadian bank failure is a remote possibility.

Silicon Valley Bank failure: The Bank of Canada keeps Canada’s financial system healthy

The Bank of Canada, being the supreme financial authority in the Canadian economy, is mandated with the crucial responsibility of ensuring the overall economic and financial well-being of the country. Its multifaceted role encompasses a range of fundamental functions, some of which are outlined hereunder:

Monetary Policy: The Bank of Canada is entrusted with the pivotal responsibility of charting and operationalizing the monetary policy framework for the country. This involves meticulous regulation of the overnight rate, which serves as Canada’s key interest rate and consequentially influences the lending rates for commercial and consumer customers of Canadian financial institutions. The Bank of Canada’s primary objective is to maintain inflation at manageable, stable, and predictable levels.
Financial System Stability: The Bank of Canada is a vigilant guardian of Canada’s monetary system stability. It ensures sustained liquidity to the economy during times of financial distress and supervises and regulates financial institutions operating in Canada to mitigate against potential risks and losses.
The Bank of Canada is vested with the responsibility of currency issuance, encompassing the creation and dissemination of Canada’s legal tender. It is also accountable for the safeguarding of Canada’s monetary system, upholding its security and soundness.
In pursuit of its mandate to promote economic welfare, the Bank of Canada undertakes rigorous research endeavours aimed at exploring various economic issues. These include but are not limited to inflation, macroeconomic growth, and monetary stability. Furthermore, the Bank publishes economic data and conducts analytical assessments to equip policy-makers with the requisite information necessary for decision-making.

All in all, the Bank of Canada assumes a pivotal role in the maintenance of a stable and thriving Canadian economy.

silicon valley bank

Silicon Valley Bank failure: Precedents for bank failures in Canada

The rich history of Canadian banking started in 1817 when the first financial institution was created. The first Canadian bank collapse was the Home Bank in 1923. That was an outcome of enormous fraud.

In September 1985, two Western Canada-based banks, Northland Bank and Canadian Commercial Bank failed. This triggered a period of mergers in Canada’s banking sector, with many smaller financial institutions merging with the largest banks.

But the good news is that since the 1985 bank failures, the Canadian financial market has been unfailing. The federal government has put stringent regulations as well as oversight in place. There have been failures of some regional trust and loan companies, but no federally chartered bank has failed since the two in 1985.

Some lessons that have been learned from these bank failures are:

Diversification is crucial: Financial institutions that had a varied portfolio of loans and investments were much better able to weather financial recessions than those that were heavily overweighted in a specific industry or geographic location.
An effective guideline is vital: The Canadian federal government’s regulatory structure played a substantial role in preventing any chartered bank from failing during the global economic conditions and the economic crisis of 2008. Efficient laws can help recognize as well as minimize dangers before they come to be significant problems.
Company culture issues: In a few of the financial institution failings that took place in the past, there was a history of risk-taking as well as lax oversight. Financial institutions that prioritize strong controls for monitoring risk, as well as accountability, are much better positioned to prevent tragic failures.
Collaboration is vital: Throughout times of financial tension, cooperation between financial institutions, regulators, as well as the federal government can help prevent systemic failures and also mitigate the influence of any economic downturn.
Openness is important: Clear and precise reporting of financial details is necessary for investors and regulators, as well as the general public, to comprehend the threats and the health and wellness of financial institutions.
Prudent lending methods are important: Financing practices that prioritize creditworthiness and also risk management are important for maintaining the security of the economic system.

In general, the lessons gained from past financial institution failures in Canada underscore the value of diversity, efficient laws, a strong business culture of controls over risk-taking, transparency and sensible financing practices for the stability and health of Canada’s financial system.

Silicon Valley Bank failure: What happens to deposits if a Canadian bank failed?

The Canada Deposit Insurance Corporation (CDIC) is a Crown corporation that protects the balances held by Canadian depositors in the event of a bank’s failure, to a specified maximum amount.

If a participant bank fails, the CDIC repays eligible depositors for their insured deposits up to b$100,000 per depositor, per insured deposit classification. This protection maintains the stability of the Canadian financial system as well as ensures that Canadians can continue to access their funds as needed.

To promote sound monetary practices and also effective economic frameworks, the CDIC likewise keeps an eye on and analyzes the dangers of dealing with Canada’s monetary system while teaming up with other organizations.

silicon valley bank

Silicon Valley Bank failure: 5 ways Canadians can prepare for bank failure

Financial institution failures are a significant matter, and it is necessary to take proper measures to safeguard your funds. Although such occurrences are unusual in Canada, it is a good idea to be planned for unforeseen situations. To this end, Canadians can adopt the complying with actions:

Track your accounts: Regularly tracking your account balances and investments can assist you to identify any type of unauthorized activity or errors at an onset.
Distribute your funds: Instead of retaining all your funds in a single savings account, you might consider distributing your financial savings across separate categories of accounts or type per institution up to the CDIC-insured amount. By making sure that all of your bank deposits are eligible deposits, you will eliminate the danger of losing your money in the event of the failure of a bank.
Understand your coverage: The CDIC gives deposit insurance coverage of up to $100,000 per insured group per bank. Make certain you know the coverage limitations and which of your accounts are placed in insured categories.
Diversification: It is recommended that you expand your investment portfolio by taking into consideration all investment types like stocks, bonds, or real estate if you have significant savings. Staying informed as well on news and advancements in the financial sector is crucial. You need to know any signs of difficulty at your bank to make sure that you can take timely action.
Preparing a backup plan: In case of a bank fails, you must have sufficient cash money to cover your immediate needs as well as different resources of debt or funding. These steps can help you remain tranquil as well as focused in a dilemma.

Although the possibility of a financial institution failing in Canada is low, the government has steps in place to safeguard depositors. Taking these preventative measures can aid you to feel extra safe and prepared for any unforeseen event.

Silicon Valley Bank failure: Conclusion

To conclude, the Silicon Valley Bank failure has sent out shockwaves in the tech sector, the global banking system and the financial markets. There will no doubt be a detailed post-mortem analysis of what went wrong. No doubt the bank’s risk management practices which shaped its lending practices and exposure to the tech industry played a significant part in its downfall. With fewer alternatives offered for funding as well as advisory services, start-ups and investors will need to find new alternatives in the marketplace to be successful in the post-Silicon Valley Bank world.

The Canadian banking system and our domestic banks are considered to be one of the most stable, safe and secure on the planet. While there are possible dangers, such as high levels of household debt and a real estate market correction, the Canadian federal government and regulatory bodies have ongoing programs to prevent major bank failures and to safeguard depositors should a federally chartered bank fail. Furthermore, the CDIC supplies deposit insurance as described above, which shields depositors in the event of a financial institution failure. Generally, Canadians can feel confident in the strength and security of their financial system.

I hope you enjoyed this Silicon Valley Bank failure Brandon’s Blog. Revenue and cash flow shortages are critical issues facing people, entrepreneurs and their companies and businesses. Are you now worried about just how you or your business are going to survive? Are you worried about what your fiduciary obligations are and not sure if the decisions you are about to make are the correct ones to avoid personal liability? Those concerns are obviously on your mind. Coming out of the pandemic, we are also now worried about the economic effects of inflation and a potential recession.

It is not your fault you can’t fix this problem on your own. The pandemic has thrown everyone a curveball. We have not been trained to deal with this. You have only been taught the old ways. The old ways do not work anymore. The Ira Smith Team makes use of new contemporary ways to get you out of your debt problems while avoiding bankruptcy. We can get you debt relief now.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.