Bookmark
E-mail
Printer friendlyNatale Hearing Panel reserves decision on her motion for a stay of proceedings
On December 15th the Chair of a three-member Hearing Panel at The Law Society of Upper Canada, after the conclusion of closing arguments, announced it would reserve its decision in connection with collection lawyer Deanna Natale’s motion for a stay of proceedings of her disciplinary matter. The Law Society filed a Notice of Application regarding Markham, Ontario-based Deanna Natale on June 26, 2009.
During closing arguments, Ms. Natale’s lawyers, William Trudell and Graeme Hamilton, criticized The Law Society for the matter in which it has dealt with Deanna Natale, who ran a high-volume debt collection law practice in the same building as Global Credit & Collection Inc.—one of the largest collection agencies operating in Canada. In particular, they were critical of the conduct of the Law Society’s Director of Professional Regulation, the Investigator and the Discipline Counsel assigned to Ms. Natale’s disciplinary matter, as well as consumer advocate Mark Silverthorn who William Trudell referred to as “that bogger” and that “third party”.
Lawyer Deanna Natale is the daughter of former federal Liberal cabinet minister Judy Sgro, the sitting member of Parliament for the Toronto riding of York West.
More than two years have elapsed since The Law Society’s Notice of Application containing allegations of professional misconduct against Deanna Natale was filed with The Tribunals Office at The Law Society on June 26, 2009, and The Law Society has yet to hold a disciplinary hearing for Ms. Natale. Three dates for Ms. Natale’s disciplinary hearing have either been adjourned or vacated, dates in November of 2010, January of 2011, and more recently in September of 2011. Click here for a timeline setting out a chronological history of dates and events relating to Ms. Natale’s disciplinary hearing and her firm’s use of draft statements of claim.
Deanna Natale opened a law office in early 2007 in the same building as Global Credit & Collection Inc., and she commenced doing collection work on behalf of Global - one of the largest collection agencies in Canada. This work included sending demand letters to clients of Global to consumers across Canada. Natale Law Offices sent garden variety lawyer’s demand letters to consumers as well as demand letters containing an enclosure, an imitation of a court form and her cover letter referred to them as a "draft statement of claim".
Brian Pitkin’s warning letter dated October 27, 2008
On October 27, 2008, Brian Pitkin, the Ontario Registrar of Collection Agencies, wrote a letter to collection agencies operating in Ontario warning them not to hire a lawyer to send out a collection letter containing an imitation of a court form, a practice commonly referred to as a draft statement of claim. Click here to view copies of collection letters sent by Natale Law Offices to Canadian residents on behalf of a collection agency, Global Credit & Collection Inc., and its clients—some of the largest creditors in the country. In his warning letter Mr. Pitkin warned collection agencies as follows:
November 13, 2008 meeting with Pitkin, Natale, and Global
On November 13, 2008, less than a month after Brian Pitkin sent his warning letter dated October 27, 2008, to Ontario collection agencies advising them not to hire a lawyer to send out a draft statement of claim Mr. Pitkin met with Deanna Natale and one or more senior executives of Global. During this meeting there was a discussion regarding Global’s practice of hiring a lawyer to send out collection letters containing a draft statement of claim. Subsequently, Manny Zeligman of Global, wrote a letter dated November 17, 2008, to Brian Piktin, confirming Global’s practice of hiring a lawyer to send out a draft statement of claim. Three weeks later, Brian Pitkin sent an e-mail dated December 9, 2008, to Manny Zeligman in which he states, "Manny: Further to our meeting, I am satisfied that the process used by Global with respect to the employment of lawyers respecting collections and legal letters does not offend the provisions of the Collection Agencies Act."
It would appear that for the next two years, lawyer Deanna Natale, sent out draft statements of claim to Ontario residents on behalf of Global Credit & Collection Inc. and its clients, despite Brian Pitkin’s warning letter dated October 27, 2008.
On October 31, 2010, CBC News aired a three minute segment breaking the story that collection lawyer Deanna Natale was facing a disciplinary hearing in mid-November. Other news organizations ran related stories including The Wall Street Journal, the Law Times (November of 2010), (January of 2011), and (September of 2011), Canadian Business magazine (December of 2010), and CBC Marketplace (March 4, 2011)
On November 14, 2010, consumer lawyer Mark Silverthorn wrote a letter to the Premier of Ontario, the Honourable Dalton McGuinty, calling for the resignation of the Ontario Minister of Consumer Services in response to the Ontario Government’s failure to adequately enforce the Ontario Debt Collectors Act and the Ontario Collection Agencies Act. Click here to read this letter to Premier McGuinty. Click here to read the Premier’s response dated December 2, 2010.
The last two paragraphs of Mark Silverthorn’s letter to Premier Dalton McGuinty read as follows:
Brian Pitkin’s meeting with Global on November 12, 2010
Less than two weeks after CBC News broke the story on national television that Deanna Natale was facing a disciplinary hearing in mid-November for her law firm’s use of draft statements of claim, Brian Pitkin met with Jeff Carew, the President of Global, and Manny Zeligman, a Senior Vice-President of Global, at which time Mr. Pitkin received assurances that Global would no longer hire a lawyer to send out a draft statement of claim on behalf of any client of Global.
Consumer lawyer Mark Silverthorn received a brief 3-paragraph letter dated Saturday, December 4, 2010, from Brian Pitkin, the Ontario Registrar of Collection Agencies, the relevant portion of which reads as follows:
Lawyer Mark Silverthorn also received a letter dated January 24, 2011, from Ms. Barbara Duckitt, Director, Consumer Protection Branch, at the Ministry of Ontario Consumer Services, a letter written on behalf of the Minister, the Honourable John Gerretsen.
This letter would appear to make two admissions by the Ontario Government:
- That it was the position of the Ontario Government that Global Credit & Collection Inc. was contravening provincial law by hiring a lawyer to send a draft statement of claim to an Ontario resident; and
- That the Ontario Government had received complaints involving the use of draft statements of claim prior to the Ontario Registrar of Collection Agencies’ meeting of November 12, 2010, with management at Global Credit & Collection Inc.
It would appear that Global Credit & Collection Inc., one of Canada’s largest collection agencies, with whom Natale Law Offices shared office space, was not the subject of any sanctions from the Ontario Government in connection with its involvement in hiring Natale Law Offices to send out significant numbers of draft statements of claim over several years.
On March 30, 2011, the Liberal Government of Dalton McGuinty repealed the Ontario Debt Collectors Act, the Ontario statute that prohibited a collection agency from hiring a lawyer to send out a collection letter containing an imitation of a court form.
Lawyer Mark Silverthorn wrote three letters of complaint dated September 29, 2009, in connection with the practice of Global Credit & Collection Inc. hiring Natale Law Offices to send out draft statements of claim - one to The Law Society of Upper Canada, one to Ms. Melanie Flint, Director of Investigations and Enforcement with the British Columbia Business Practices and Consumer Protection Authority, as well as one to Brian Pitkin, the Ontario Registrar of Collection Agencies.
Sudden retirement of Ontario Registrar of Collection Agencies on December 16, 2011
Brian Pitkin’s retirement on December 16, 2011, after a 35-year career holding senior positions in the Ontario civil service, without any public announcement of any kind whatsoever, was certainly a surprise to many who knew him.
Click here to learn more about Brian Pitkin’s departure as Ontario Registrar of Collection Agencies.
On October 19, 2011, a three-member Hearing Panel dealing with Ms. Natale’s disciplinary hearing was advised that since January of 2007 The Law Society has received 161 complaints against Natale Law Offices. Ms. Natale is bringing a motion for a stay of proceedings, based upon alleged misconduct on the part of The Law Society, in connection with her disciplinary matter before The Law Society involving her high-volume debt collection law practice and her firm's use of draft statements of claim. After the conclusion of the motion for Ms. Natale’s motion for a stay of proceedings on December 15, 2011, the Chair of the three member Hearing Panel announced the Panel would reserve its decision. It is anticipated that the Panel will make a decision sometime in early 2012.
The Law Society of Upper Canada is a self-governing profession for persons engaged in the practice of law in Ontario and The Law Society’s mandate includes the protection of the public.
In early October of 2010 author Mark Silverthorn obtained a copy of The Law Society of Upper Canada's Notice of Application dated June 15, 2009, alleging professional misconduct on the part of Markham collection lawyer Deanna Natale in connection with her high-volume debt collection law practice. This Notice of Application was signed by Amanda Worley, Law Society Discipline Counsel, and was subsequently filed with the Tribunals Office at The Law Society of Upper Canada on June 26, 2009. Mark Silverthorn obtained this document as part of his research for his new book titled Draft Statement of Claim-Gate: The Scandal That Rocked The Canadian Collection Industry.
Lawyer and author Mark Silverthorn has said, "In 2010 it is illegal for a lawyer to send a draft statement of claim collection letter to a resident of Ontario or British Columbia." Author Mark Silverthorn is prepared to pay $100 to the first 100 persons who provide his law firm with a draft statement of claim from a Canadian lawyer dated January 1, 2010, or later.
In his book The Wolf At The Door, former collection lawyer and collection industry insider Mark Silverthorn refers to Deanna Natale by name and describes some of the collection tactics used by her law firm and describes the role played by collection lawyers in the Canadian collection industry. To order The Wolf At The Door as an e-book, click here.
Former collection lawyer and collection industry insider Mark Silverthorn has been conducting research for the past 16 years in connection with his new book, tentatively titled Draft Statement of Claim-Gate: The Scandal That Rocked The Canadian Collection Industry. This book is scheduled to be in bookstores and on sale to the public sometime in 2012. Unlike his first book, The Wolf At The Door: What To Do When Collection Agencies Come Calling (2010), published by McClelland & Stewart, Mark Silverthorn’s second book is going to name names and identify those persons responsible for one of the largest scandals in Canada in the past thirty years
Deanna Natale's law firm, Natale Law offices, is located in a two-story building at 1490 Denison Street, Suite 100, in Markham, Ontario. The other business located in the same building is Global Credit & Collection Inc., one of the ten largest collection agencies operating in Canada. Deanna Natale's website, www.natalelawoffices.com, describes Global Credit & Collection Inc. as the largest client of Natale Law offices.
In the event that at some future date The Law Society does hold a disciplinary hearing for Deanna Natale, daughter of former Liberal cabinet minister Judy Sgro, Mark Silverthorn plans on attending this hearing. Mark's goal is to be the eyes and ears of consumers across Canada. You can read all about Ms. Natale’s high-volume debt collection practice and her law firm’s use of draft statements of claim in his new book titled Draft Statement of Claim-Gate: The Scandal That Rocked The Canadian Collection Industry.
Disciplinary hearings at The Law Society are almost always open to the public and typically commence at 9:30 a.m. Hearings do not always go ahead when scheduled. To confirm dates and times and room location call Communications and Public Affairs at The Law Society of Upper Canada at (416) 947-7625 one or two business days before the scheduled hearing date. For more details about how to find the entrance to The Law Society of Upper Canada at Osgoode Hall in downtown Toronto click here.
