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Ontario Limitiation Issues |
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Johnny
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Joined: 05/November/2003 Location: Canada Posts: 4199 |
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Topic: Ontario Limitiation IssuesPosted: 29/July/2010 at 6:50am |
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Alright, so Ontario limitation issues are a tad bit trickier for many of you. There are the limitation issues and then there are the "resistance" issues that the government puts up as an effort to thwart your attention from seeking a limitation benefit in respect of a guaranteed Ontario student loan. First of all, a limitation issue is a benefit to an individual who cannot pay due to financial hardship. Because the Ontario student loans system does not provide any forgiveness of loans due to a hardship, a limitation benefit would be the next best thing. Unfortunately, the Ontario government takes the position that no limitations bind them from taking any action or proceedings at any time.
I would like to point out once again that the Ontario Limitation Act was ammended in 2004, citing that limitations do not apply to Ontario student loans. If you were to approach the Ontario government and simply ask them if limitations apply towards Ontario loans they will say "no". Of course they want to collect money and not make people aware of anything that would otherwsie restrict them. It is typical behavior within government financial and debt recovery sectors. In my opinion, the ammendment to the Act in 2004 applies to loan agreements and contracts that were entered into on or after the date of the new legislation coming into force. So, that would mean that any agreement or contract for an Ontario student loan that was entered into before the date of it's coming into force (April 2004) would not apply in these cases.
I have conferred with many professional law groups and professionals within The CFW Group's network and we have arrived at the same opinion. No one has yet to challenge the Ontario government on this but I am sure willing, as always.
Johnny
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9877654
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Joined: 28/July/2010 Posts: 3 |
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Posted: 31/July/2010 at 8:14am |
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Johnny, thanks for that. I suspect the problem is that most people who would raise this issue in the 1st place can't afford to invest the time, energy and money required for a major legal challenge. Until one can, the status quo will remain the Ontario government telling people "no limitation period" correct?
So we have people in their 60s and soon 70s still paying, and losing all tax refunds? Murderers, rapists and drug dealers are re-integrated into society sooner or later (too soon for some), but collection agencies haunt us to our graves? Am I the only person to whom this seems lopsided? Also if you have a moment pls see my other post - i.e. in the alternative, if I can't count on an SOL, what do you suggest I do? Thank you kindly Johnny. |
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Johnny
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Joined: 05/November/2003 Location: Canada Posts: 4199 |
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Posted: 03/August/2010 at 3:22pm |
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No, not necessarily. I am working a number of these right now. All creditors and such try to distract you with the no limitations objection. Why would they arm you with information that would otherwise restrict them them from recovering the debt?
My friend, we have a student debt crisis whereas student loans will survive the 18-20-year old that are borrowing today. It is a catastrophy. The govenrment needs people to be in debt so it can continue to feed it's machine. The problem is the hierarchy within that makes all the decisions and is responsible for the mess that it has gotten Canada into, both economcially and politically. CRA and the Canada Student Loans Program. These two Crown organizations are wreaking havoc on Canadians and there is absolutely no way to hold them accountable. They are impervious to the law and prosecution for their malicious behaviors and actions towards those who it does not like, and the same for the hierarchical brother and sisterhoods within CRA who order agents down on the front line to act and behave in a malicious and unlawful manner towards an individual or business. You see, power demands obedience. Anyone who challenges or does not conform in the manner in which is dictated by that system of government is in danger of some form of retribution.
Lastly, if a limitation issue is not the issue then you have to do what you can to remain safe. If you want help with that you will have to become a client.
Johnny
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indigo.star
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Joined: 22/July/2010 Posts: 3 |
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Posted: 03/August/2010 at 3:29pm |
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Hi
Thank you for your information on the limititation issues.
For the last ten years or more I have not received my tax money back due to outstanding loans.
I am unable to pay because I am in financial trouble. I have been to lawyers and they have referred me to bankruptcy. There is no way out.
I regret taking a student loan for my studies. It does not matter if I can not pay the loan they still tack on the interest month after month. What a nightmare.
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Johnny
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Posted: 03/August/2010 at 5:08pm |
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When did you cease studies? When did the account fall off into default? When did you last make a payment?
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indigo.star
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Joined: 22/July/2010 Posts: 3 |
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Posted: 03/August/2010 at 6:15pm |
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I studied in Montreal in 1990 and in Ontario in 1992. They have changed my account into so many different hands that I cannot give you all the information you asked for. I know that when I filed my taxes in 2008 they took the tax money to pay my debt. I have not filed for 2009 because I am so fed up.
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Johnny
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Posted: 04/August/2010 at 10:09am |
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When did you last file for interest relief or a revision or terms? When you finished studies, what happened after the 6-month grace period? Did you file for any benefits or did you go into repayment?
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