Mark Anthony Silverthorn

Question

I live in Vancouver.  I have been receiving collection calls from a law firm in Ontario.  This law firm has also sent me a letter with a three page document enclosed, something the lawyer refers to as a ”draft Statement of Claim“.

Is this lawyer breaking the law sending me this letter?   What should I do?

Answer

This practice might be illegal under the British Columbia Business Practices and Consumer Protection Act (BCCPA).  In most provinces lawyers engaged in debt collection work are exempt from provincial law regulating the conduct of those doing debt collection work.  However, it would appear that the definition of “collector” in s. 113 in the BPCPA is so broad in scope that it includes anyone doing debt collection work; creditors, collection agencies and lawyers.  This means that creditors, collection agencies, and lawyers might all be subject to the identical code of conduct when they are attempting to collect monies from a B.C. resident.

Section 113 of the British Columbia Business Practices and Consumer Protection Act reads as follows:

113.  In this division, “collector” means a person, whether in British Columbia or not, who is collecting or attempting to collect a debt.

I would draw your attention to  section 123 of the British Columbia Business Practices and and Consumer Protection Act which reads as follows:

123.    A collector must not do any of the following, whether on the collector’s own behalf or on behalf of another person, directly or indirectly:

(a)  supply any false or misleading information,

(b) misrepresent the purpose of the communication,

(c) misrepresent the identity of the collector or, if different, the creditor, or

(d)  use, without lawful authority, a summons, notice, demand, or other document that suggests or implies a connection with any court inside or outside of Canada.

Included in a lawyer’s draft Statement of Claim collection letter, as an enclosure, is an imitation of a court form.  Therefore, it would appear that a draft Statement of Claim collection letter sent by a lawyer to a B.C. resident is illegal as a contravention of subsection 123(d) of the Act.

The draft Statement of Claims that I have seen suggest that a consumer, regardless of what province they live in, will be sued in Ontario Small Claims Court or, possibly in the case where monies owing to a creditor is more than $10,000, in Ontario Superior Court.  Suing a consumer in Ontario may not be permitted under the rules of civil procedure in a particular province that determine the specific jurisdiction in which a court action may be commenced.  Therefore, the draft Statement of Claim you have received might contravene subsection (a) of section 123 for providing false or misleading information.

I have reason to believe that one or more lawyers who are sending out draft Statement of Claims might be misrepresenting the identity of their client, something that would appear to be illegal under subsections (a) and (c) of section 123.

You might want to file a complaint with the British Columbia Business Practices and Consumer Protection Authority.  Their website is www.bpcpa.ca and their toll free phone number is 1 (888) 564-9963.  Ideally, you should make a written complaint to their office as opposed to a complaint over the phone.  You should send them a copy of any draft Statement of Claim that you have received, including the lawyer’s letter and the enclosure.

You might also want to forward a copy of your complaint to the British Columbia Business Practices and Consumer Protection Authority to the provincial law societies in both British Columbia and the province in which the lawyer sending you the draft Statement of Claim is licensed to practice law.  You can send your written complaint to The Law Society of British Columbia, Professional Conduct Department, 845 Cambie Street, Vancouver, BC  V6B 4Z9.  You can also call The Law Society of British Columbia at (604) 669-2533, [Toll Free in B.C. at 1 (800) 903-5300].  For more information about making a complaint to The Law Society of British Columbia you can visit their website at www.lawsociety.bc.ca, under ‘Public’, there is a reference to ‘Lawyer Conduct and Complaints’ which provides information on making a complaint, how to contact them, and how a complaint form can be downloaded from their website.

If the lawyer sending you the draft Statement of Claim collection letter has an office in Ontario then you may also want to file a complaint with The Law Society of Upper Canada, Osgoode Hall, 130 Queen Street West, Toronto, ON M5H 2N6, Attn.:  Complaints Department.  The direct line at The Law Society for complaints is (416) 947-3310.

I would ask that you forward a copy of any draft Statement of Claims that you receive, including the enclosure, to Mark Anthony Silverthorn Law Offices, Professional Corporation, 30 Duke Street West, Suite 1001, Kitchener, ON  N2H 3W5.  I would also ask that you send to my office a copy of any written complaint that you send to the British Columbia Business Practices and Consumer Protection Authority or to The Law Society of British Columbia.

Tags: draft Statement of Claim
Posted in collection calls, payment demand from lawyer