Search results for Small Claims
Managing Risk in Uncertain Times
The Role of the Credit Professional in the Commercial Leasing Industry by Lisa Moore CCP
December 15, 2009: civil servants in Ireland rally in reaction to the Irish government's vote in favour of a reduction in public sector compensation by 5-15%. The Republic of Ireland is claimed to be facing the deepest financial crisis of any advanced nation and it isn't over yet.
May 5, 2010: striking protestors in Greece, the undisputed pillar of ancient democratic civilization, jam the streets setting the finance ministry ablaze, killing three.
Black Holes and Old Invoices
My article titled Black holes and Credit Management published in To Your Credit’s fall 2007 edition began with this paragraph:
“Credit management is an integral and highly visible part of the cash-to-cash business cycle, in which cash invested by shareholders is used to produce and deliver goods and services that are sold for even more cash.
Receivable Insurance Tips
It is critical that you understand your obligations under the credit insurance policy you have signed and that you are complying with them.
Collecting from your large customers: Is it 'Collections' or 'Corrections'?
A few years ago I was at a major railroad company for imparting training sessions on the topic of Collection Skills and Receivable Management. On the first day of training a, I realized that the collections staff was made up of people who had a significant number of years of collections experience. The group was an enthusiastic batch; however most of the proven collections techniques were being met with...
Identity Theft - Practical tips for credit professionals
Every year, identity theft results in millions of dollars of reported losses for Canadians. This has serious implications for credit professionals when it comes to the collection, protection, usage and disposal of the information they gather on their customers. Whether your company accepts payment by credit card, by wire transfer, via e-commerce or by the ageless paper-based cheque method, you need to ensure that your department plays its part in having the necessary checks and balances in place.
Some Recent Canadian Developments in Cross-Border Litigation
Here are some recent developments important to anyone engaged in cross-border civil litigation involving common-law Canada. One, the criteria for determining whether a court has jurisdiction over a non-resident defendant have been revised. Two, the concept of "forum of necessity" is now established in Ontario. Three, Canadian courts will not, as readily as in the past, decline to exercise their jurisdiction in cases where a parallel action (one involving the same parties and issues) has already been commenced elsewhere.
Overview of Proposed PIPEDA Amendments
On May 25, 2010, the Minister of Industry tabled amendments to the federal private sector privacy legislation, the Personal Information Protection and Electronic Documents Act (PIPEDA). PIPEDA was introduced in 2001 and has been applicable to many private sector enterprises since 2004.
CRA Trust Overrides Contractual Right To Set Off
In a recent decision involving the Canada Revenue Agency (CRA), and the Caisse populaire du bon Conseil (Caisse), the Supreme Court of Canada, (SCC) considered whether a lender’s contractual rights in respect of its customer’s term deposit account could be overridden by a deemed statutory trust in favor of the Crown.
The issue was whether the Caisse, by virtue of its contractual arrangement with its customer, Camvrac Enterprises Inc, held an iron clad security interest over the proceeds of its deposit account that could not be overruled.
Supreme Court Rules Crown DoesnĂ˘â‚¬â„˘t Have Rights To GST And QST
In a unanimous decision on October 30, 2009 relating to the Goods and Services Tax (“GST”) and the Quebec Sales Tax (“QST”), the Supreme Court of Canada rejected the most recent attempt of the Crown to secure its position by recovering the tax portion of accounts receivable outstanding at the time of bankruptcy where the bankrupt had not made the required remittances.
Demand Promissory Notes and the (New) Ontario Limitations Act
Hare v. Hare (218 O.A.C. 164), a December 2006 decision of the Ontario Court of Appeal, has important ramifications for the use of demand promissory notes in tax planning. Legal and tax planners should be aware that standard drafting language used in promissory notes may bring about unintended consequences.
Info from Visa
What is expected of a credit manager when a customer claims that he was a victim of identity theft, and the debt is not his?
Financial statement simple analysis
In today's environment the obtaining of Financial Statements from a customer is becoming virtually impossible. A good credit professional needs to sell his customer on the benefits of supplying at least a common size balance sheet and income statement in order to justify a credit limit sufficient to meet both yours and the customer's needs.
Role of the Office of the Superintendent of Bankruptcy (OSB)
The Office of the Superintendent of Bankruptcy (OSB) is part of Industry Canada. Their role is to ensure public confidence in the market place by protecting the integrity of the bankruptcy and insolvency system.
CREDITâ€™S UNTOUCHABLE CODE
There is one principle of credit management which is inviolable. In fact it’s as close to being sacrosanct as Canada’s right of sovereignty over the Northwest Passage. To break with this code would be to dismantle the basic principles of credit management and the outcome would be similar to the situation which I am certain that we have all experienced in the past, when the little boy visits the grocery store with his mother and is transfixed by the beautifully structured pyramid of apples.
Free Fraud Detection Resources
One of the simplest ways to detect potential fraud is to confirm certain information provided on a credit application using easy, free resources on the Internet. As a commercial collection agency, we regularly get claims where this has not been done and we discover that the information provided was either misleading or outright fraud. In either case, it is...
Differences in Risk based on Type of Business
In Canada there are three general forms of business ownership: a sole proprietorship, a partnership, and a corporation.
Information on US Small Claims Courts
Small Claims Court - Alberta
http://www.albertacourts.ab.ca/provincialcourt/civilsmallclaimscourt/tabid/96/default.aspxProvincial government website for Alberta's small claims court
Small Claims Court - British Columbia
http://www.ag.gov.bc.ca/courts/small_claims/info/pilot.htmProvincial government website for BC's small claims court
Small Claims Court - Manitoba
http://www.gov.mb.ca/justice/court/index.htmlProvincial website for Manitoba's small claims court
Small Claims Court - New Brunswick
http://smallclaimscourtofnewbrunswick.blogspot.ca/Provincial small claims court website for New Brunswick
Small Claims Court - Newfoundland and Labrador
Small Claims Court - Nova Scotia
Based on established legal principles and natural justice, the Small Claims Court of Nova Scotia provides a timely, less formal and reasonably cost-effective forum for the resolution of certain types of claim, to a maximum of $25,000 (not including interest and legal costs).
In addition, the Small Claims Court functions as the initial forum for appeals from decisions of Residential Tenancy Officers affecting both tenants and landlords.
Finally, the Small Claims Court functions (without monetary limit) as the initial forum in which disputes between lawyers and their clients regarding fees and other financial issues are heard and resolved.
Small Claims Court - Ontario
Small Claims Court - Quebec
Small Claims Court - Saskatchewan
Risk assessment is a step in a risk management procedure. Risk assessment is the determination of quantitative or qualitative value of risk related to a concrete situation and a recognized threat (also called hazard). Quantitative risk assessment requires calculations of two components of risk (R):, the magnitude of the potential loss (L), and the probability (p) that the loss will occur.
Credit Risk Management
Credit risk is defined as the likelihood of loss resulting from a customer's failure to pay for the goods delivered. It is the responsibility a Credit Manager to verify that all customer files are complete and contain all the necessary information to protect the accounts receivable.
The Personal Property Security Act ("PPSA") is the name given to each of the statutes passed by all common law provinces, as well as the territories, of Canada. They regulate the creation and registration of...
Construction credit is a unique and specialized form of mercantile credit. Although the field follows many of the same principles, practices and procedures as mercantile credit, there are a number of factors that make the practice unique. In order to be successful, the credit professional must...
Leasing and Rentals
Merchantile Credit Managers are well trained to deal with how to manage the credit and collections of the transactions of selling of a product or services from one business to another. However, the Leasing or Rentaling of a facility or a piece of equipment deserves special consideration.
Terms used by CPA's
A CPA will competently assist an organization (whether it is a privately held business, a publicly owned corporation, or a nonprofit organization) with preparing reports on its financial performance. Such reports help owners and managers make operational decisions, enable creditors to evaluate loan applications, and provide individuals with information to make investment decisions.
The Quickening of Innovation in Asset Based Financing
Some would call it evolution: others, revolution. Semantic flourishes aside, financial technologies are increasingly in the foreground as drivers of product differentiation and proliferation in the asset-based financing industry.
Acceleration Clauses in the Event of Default â€“ Are they enforceable?
All leases have an acceleration clause when there is a default, however there is not a consistent approach as to what the damages will be. Some leases require the defaulted lessee to pay the balance of payments due without discount while others utilize a net present value formula applying a discount rate close to, but generally below, the interest rate implied in the lease. A few still use “the rule of 78’s” (but few under 50 know what that means). The recent case, Hav-A-Kar Leasing Ltd. v. Vekselshtein 2012 ONCA 826 (“Hav-A-Kar”) discussed this matter but may have not quite got it right.
Target Take Two
http://www.creditedu.org/files/pdf/webinarsTarget_Canada_Keynote_Russell_Bennett_13Oct15.pdfBack by popular demand, Russell Bennett will revisit the bankruptcy of Target and the fall out for its creditors. In May, when we first held this Live-Webinar, it generated a lot of interest from our members â€“ follow up questions continue to come in to the National office.
Builders lien across Canada
https://creditedu.org/knowledgecentre/index.php/site/video/173Please mark this webinar in your to-do-list for what will surely be a very informative session from a noted authority on construction liens.
Navigating The Small Claims Court
Webinar Highlights: 1) Overview of the small claims court - Who, when, and how to make your claims; 2) Methods of enforcing a judgment; 3) Special Topics: Consolidation orders, Bulk Sales Act
Direct payments and construction insolvency
https://www.lexology.com/library/detail.aspx?g=3e346c6a-70d9-4608-8309-7bd85469f6ddMain contractor Carillionâ€™s entry into liquidation has resulted in many employers seeking to establish relationships with subcontractors, under which they will be paid directly in order to stay on site and finish the relevant project. On the face of it, this seems like an attractive solution, and may leave some employers wondering why they didnâ€™t procure their projects by construction management in the first place. However, establishing direct relations is not without risks, and requires safeguards for employers and subcontractors alike. Those are set out in the last section of this article, but it is important to understand the pitfalls, particularly of direct payment, first.
Remington Outdoor Company Plan of Reorganization Confirmed by the Court
https://creditedu.org/knowledgecentre/index.php/site/page/225MADISON, N.C.--(BUSINESS WIRE)--Remington Outdoor Company (â€śRemingtonâ€ť or â€śthe Companyâ€ť), one of the worldâ€™s leading designers and manufacturers of firearms, ammunition, and related products, today announced the United States Bankruptcy Court for the District of Delaware confirmed the Companyâ€™s Plan of Reorganization (â€śthe Planâ€ť). Remington expects to emerge from bankruptcy before the end of May.
These Best Credit Practices in Brazil Will Keep You from Falling Downhill
https://creditedu.org/knowledgecentre/index.php/site/page/226Iâ€™m often asked by many overseas creditors about where to start when establishing a business relationship with a customer in Brazil. My answer is that it often depends on whether you are going to grant credit, and if so, how much.
How to Better Know Your Customers
As a credit manager, a critical part of your role is to identify who you can trust and to what extent you find their claims realistic. This is translated into knowing your customers well and defining whether they can pay you as agreed. Naturally, you may not have much information for new clients. The amount of credit awarded requires careful consideration when managing new and existing customers. Luckily, there is a method for evaluating how creditworthy they can be.
Q and A (0)No term found
https://creditedu.org/knowledgecentre/index.php/site/wiki/48A resolution carried by the majority of votes (one vote for each dollar of debt) of claims of creditors; disallowed claims do not vote.
https://creditedu.org/knowledgecentre/index.php/site/wiki/56The order in which creditors are ranked for payment of claims provable under the Act.
https://creditedu.org/knowledgecentre/index.php/site/wiki/16Liability on a claim; a specific sum of money due by agreement or otherwise; aggregate of all existing claims against a person or a corporation.
https://creditedu.org/knowledgecentre/index.php/site/wiki/21The proportional share of a bankrupt's estate paid out by the trustee to creditors who have proven claims against that estate.
https://creditedu.org/knowledgecentre/index.php/site/wiki/34A person who is not bankrupt and who resides, carries on business, or has property in Canada, whose liabilities to creditors provable as claims under the Act amount to $1000.00 or more, and: - who is unable to meet obligations as they become due; - who has ceased paying current obligations in the ordinary course of business as they become due, or; - the aggregate of whose property is not, at a fair valuation, sufficient, or, if disposed of at a fairly conducted sale under legal process, would not be sufficient to enable payment of all obligations, due and accruing due.
https://creditedu.org/knowledgecentre/index.php/site/wiki/62A person who has taken possession pursuant to a security agreement of substantially all of the inventory, accounts receivables or the other property of the debtor. Receiver also includes a person who has been appointed privately pursuant to a security agreement or by an order of the court for the protection or collection of property that is the subject of diverse claims, usually to seize and sell the property of the debtor.