Payday loans in Canada are permitted under section 347.1 of the Criminal Code, so long as the province of the borrower has enacted sufficient provincial legislation concerning the provisioning of payday loans. In the event that no such provincial legislation exists (as is the case in Newfoundland and Labrador) payday loans are limited by usury laws, with any effective (compound) rate of interest charged above 60% per annum considered criminal. However, so far this has not been enforced by Newfoundland and Labrador.
On August 14, 2006, the Supreme Court of British Columbia issued its decision in a class action lawsuit against A OK Payday Loans.[1] A OK charged its customers 21% interest, as well as a "processing" fee of C$9.50 for every $50.00 borrowed.[1] In addition a "deferral" fee of $25.00 for every $100.00 was charged if a customer wanted to delay payment. The judge ruled that the processing and deferral fees were interest, and that A OK was charging its customers a criminal rate of interest. The payout as a result of this decision is expected to be several million dollars.[2] The British Columbia Court of Appeal unanimously affirmed this decision.[3]
^ ab"2006 BCSC 1213err1 Kilroy v. A OK Payday Loans Inc". www.bccourts.ca.
^Kilroy v. A OK Payday Loans Inc., 2006 BCSC 1213 (2006).
^Kilroy v. A OK Payday Loans Inc., 2007 BCCA 231 (2007).
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