CAPL Submission on Ontario’s MBLAA Modernization Consultation
The Canadian Association of Private Lenders (“CAPL”) has submitted comments to the Ontario Ministry of Finance in response to its July 2026 consultation paper on proposed amendments to the Mortgage Brokerages, Lenders and Administrators Act, 2006 (“MBLAA”). The consultation considers measures intended to modernize Ontario’s mortgage-regulatory framework, strengthen consumer protection and reduce unnecessary administrative burden. […]
Mortgage Auto Renewal: Ontario Court Certifies Class Action Against Scotia
By Aron Hochhauser, Fulton & Company Law Corporation A recent Ontario Superior Court of Justice decision highlights potential consumer-law and lending-law risks arising from automatic mortgage renewal practices. In Abeywickrama v. The Bank of Nova Scotia et al, 2026 ONSC 3262, released June 4, 2026, the Court certified a proposed class action against The Bank […]
When a Private Mortgage Gives a Family Member Access to the Homeowner’s Equity
A recent British Columbia decision illustrates a difficult truth about private mortgage financing: a homeowner may understand that their home secures a mortgage, receive independent legal advice, and authorize advances, yet still suffer serious loss where a family member obtains practical access to the loan proceeds. The case involved an elderly homeowner whose home secured […]