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Home > Money & Services > Bankruptcy & Debt   »   Ontario - debt statute of limitations

 
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Old Aug 17, 2006, 04:49 PM
orange161
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Ontario - debt statute of limitations

I was recently contacted by a debt collector who told me I owed an Ontario University money. I have not attended that school since 1999 and this was the first corresponence I received regarding this debt. I would like to know if they can take me to court for this, and if not, can they put this debt on my credit report. Also interested in what constitutes acknowledgement of debt - i left a message on the collection agencies voicemail saying that i was looking into a loan to pay off debt but that i needed a record from them for what exactly the money was for. Can anyone help please.

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Old Aug 17, 2006, 05:35 PM   #2  
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Is this an OSAP loan or just you never paid the universities tuition's bill or simply didn't pay for overdue library book fines?

If it is OSAP, you still owe the money.

If it is the ladder, I would think that the old SOL of 6 years would apply to you. But, when it comes to universities, there are always special rules regarding them.

But it all will depends on what type of loan or money this is that you owe.
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Old Aug 17, 2006, 06:18 PM   #3  
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The money is for tuition fees owed directly to the university, not OSAP.
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Old Aug 17, 2006, 07:34 PM   #4  
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Check you credit rating. That should tell you if your outstanding loan will haunt you until you pay it off.
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Old Feb 29, 2008, 11:07 AM   #5  
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What is the Statute Of Limitations Law In Canada


March 4, 2003 decision of the Supreme Court of Canada decided that limitations applied to CRA as well as other Crown proceedings. Section 32 of the Crown Liability and Proceedings Act and Section 3 (5) of the BC Limitation Act barred collection of the Federal and Provincial portions of the debt since the debt was more than 6 years old.

The following is the Statute Of Limitations laws for the Provinces and Federal Government in Canada

British Columbia - Section 3 (5) of the BC Limitation Act sets 6 years as the limit for debt.

Alberta - The Alberta Limitations Act sets 2 years as the term which is extended to 10 years if there is a judgement.

Ontario - The Ontario Limitation Act 2002 , came into force on January 1, 2004. It sets two years as the term (Section 4). This limitation will be reinstated where the debtor acknowledges the debt or makes a partial payment towards repayment of his debt. If the default occurred prior to January 1, 2004, the creditor will continue to have 6 years to pursue the claim. However, if the default occurred after January 1, 2004 then the 2-year rule applies.

Federal - Section 32 of the Crown Liability and Proceedings Act sets 6 years as the limit for debt.
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Old Aug 20, 2009, 01:43 PM   #6  
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So does that mean that any debts incurred after 2004 they have only 2 years to colelct unless one admits they owe the debt and make some form of payment? my wife aparently owed a rogers bill from back in 2005. this went to colelctions and on her credit record. they still called her mother as of last year. this debt was aprently sent to cbcl which is now some other new company. if the limitations act applies do they need to remove it form her credit record? and if so how would she go about having it removed from her record?
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