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  • Article

    Are Fee Sharing Agreements To Resolve Carriage Disputes Dead In Ontario?

    In Bancroft, a class action involving allegedly improper credit card merchant fees, Justice Perell, on a motion to approve counsel fees, approved the contingency fee sought by class counsel.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Smooth Sailing Ahead For Credit Card Duality In Canada

    In what some are appropriately calling a "sea change" in the Canadian credit card industry, the Competition Commissioner has formally announced that the Competition Bureau will no longer oppose duality of membership in credit card networks that operate in Canada.
    CanadaAntitrust/Competition Law
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    FCAC Commissioner Issues Guidance Relating To Code Of Conduct

    The Financial Consumer Agency of Canada has recently issued the Commissioner’s Guidance to clarify three issues related to the Code of Conduct for the Credit and Debit Card Industry in Canada.
    CanadaFinance and Banking
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    FCAC Issues New And Amended Code Of Conduct Guidance

    FCAC Issues New and Amended Code of Conduct Guidance.
    CanadaFinance and Banking
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Motor Finance Face Off: Predictions On The Supreme Court's Judgment

    In one of the most important cases of the year, the Supreme Court heard the appeal in Hopcraft, Johnson & Wrench earlier this month.
    CanadaFinance and Banking
    Gowling WLG
    Gowling WLG
  • Article

    Quebec Bill 24 Proposes New Requirements For Consumer Contracts Of Credit

    On June 7th, 2011, An act to combat consumer debt overload and modernize consumer credit rules (Bill 24) was tabled in the National Assembly of Québec.
    CanadaFinance and Banking
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    ​"High-Cost Credit" Consumer Lenders Face New Laws In Manitoba

    New laws to regulate consumer loans and lines of credit that meet the definition of a "high-cost credit product" will come into effect in Manitoba on September 1, 2016.
    CanadaFinance and Banking
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Manitoba's The Consumer Protection Act (High-Cost Credit Products)

    On September 1, 2016, amendments to Manitoba's The Consumer Protection Act (CPA), enacted by The Consumer Protection Amendment Act (High-Cost Credit Products), will come into effect.
    CanadaConsumer Protection
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    U.S. Consumer Protection Regulator Consults On Use Of Alternative Credit Data

    On February 16, 2017, the CFPB issued a Request for Information seeking feedback from the public on the use or potential use of alternative data and methodologies to assess consumer credit risk . . .
    CanadaFinance and Banking
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Proposed Class Proceeding Concerning Credit Card Interest Dismissed Before Certification

    Credit card interest and freedom of contract recently came under scrutiny in a proposed class action, which was dismissed following a decision from the B.C. Court of Appeal.
    CanadaLitigation, Mediation & Arbitration
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    CCIR Paper Considers Issues And Risks Regarding Use Of Credit-Based Insurance Scores

    Last month, the Credit Scoring Working Group of the Canadian Council of Insurance Regulators released a paper intended to seek the views of consumers and the industry regarding insurers' use of credit-based insurance scores. Specifically, the paper invited feedback regarding whether the potential risks surrounding the use of such scores have been fully identified and/or adequately addressed.
    CanadaInsurance
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Québec's Bill 60: New Rules for Payment Cards, Extended Warranties and Long-Term Service Contracts

    Bill 60, "An Act to amend the Consumer Protection Act and other legislative provisions", introduces a new regulatory framework in Québec for three types of contracts in an attempt to curb perceived abuses: contracts involving sequential performance for a service provided at a distance (such as cell phone contracts), extended warranty contracts, and contracts for the purchase of prepaid cards (gift cards).
    CanadaConsumer Protection
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    A New Financial Consumer Framework – Does This Change Everything?

    On October 25, 2016, Bill C-29, Budget Implementation Act, 2016, No. 2, received first reading. Division 5 of Bill C-29 will, if passed, consolidate the consumer provisions under the Bank Act.
    CanadaFinance and Banking
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    New Cost Of Credit Disclosure Rules Come To Manitoba

    On April 1, 2007, Manitoba became the fifth province to bring into force new harmonized cost of credit disclosure rules, joining Alberta, Ontario, British Columbia and Saskatchewan.
    CanadaCorporate/Commercial Law
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    US FTC Publishes Guidance On Using Artificial Intelligence And Algorithms

    On April 8, 2020, the US Federal Trade Commission ("FTC") published a business blog, titled "Using Artificial Intelligence and Algorithms" (the "FTC Blog").
    CanadaTechnology
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Ontario Bill to Regulate Alternative Financial Services, Ban Certain Door-To-Door Sales, And License Home Inspectors

    The exact effects of Bill 59 are unknown until regulations are enacted, but, as presently drafted, certain provisions are broadly stated and require greater clarity.
    CanadaFinance and Banking
    Cassels
    Cassels
  • Article

    Retrospectively Speaking: BC Court Of Appeal Clarifies Scope Of Consumer Protection Amendments

    In 2025, the British Columbia Legislature amended the Business Practices and Consumer Protection Act (BPCPA) to prohibit mandatory arbitration clauses in certain contracts...
    CanadaConsumer Protection
    Torys
    Torys
  • Article

    Major Amendments To The Québec Consumer Protection Act

    Major amendments to the Québec Consumer Protection Act ("CPA") were adopted on November 15, 2017 by the Québec Legislature.
    CanadaConsumer Protection
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Regulation Respecting The Application Of The Consumer Protection Act And Entry Into Force Of The New Provisions Of The Act: Countdown To July 2019

    On November 15, 2017, the Act mainly to modernize rules relating to consumer credit and to regulate debt settlement service contracts, high-cost credit contracts and loyalty program...
    CanadaConsumer Protection
    Langlois Avocats
    Langlois Avocats
  • Article

    Payment Card Networks Must Adopt Code of Conduct or Face Regulation

    The federal government is poised to regulate the commercial practices of credit and debit card networks if they do not adopt the "Code of Conduct for the Credit and Debit Card Industry in Canada" (the "Code") voluntarily by May 17, 2010.
    CanadaFinance and Banking
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP

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