Ontario’s HPA: What the New NOSI Rules Mean for Mortgage Brokers and Lenders
Ontario’s Homeowner Protection Act (HPA) took effect on June 6, 2024. It changes how certain notices can appear on a home’s title and removes a common source of last-minute surprises in mortgage deals. If you arrange mortgages or fund them, this matters because these notices used to slow down closings, create borrower stress, and sometimes […]
Strong Borders Act AML reforms — what mortgage lenders and brokers in Canada need to know
Canada’s anti-money laundering (AML) rules just got sharper teeth—and mortgage lenders and brokers are squarely in the spotlight. Over the past two years, the federal government has moved from signalling major AML reform to enacting it. In 2024, the government previewed a significant strengthening of Canada’s AML framework. That preview became a concrete legislative proposal […]
Ontario HST New Home Rebate (Proposed) — What Lenders and Brokers Need to Know (as of March 25, 2026)
In a move aimed at improving housing affordability, the Ontario government announced on March 25, 2026 a proposed enhanced HST rebate on eligible new homes. If implemented, this program can materially reduce a borrower’s cash-to-close and/or overall financing requirement—particularly on homes up to $1 million—making it a key planning item for pre-approvals, builder deals, […]
Big White “Seller Impersonation” Fraud: Why Real Estate Needs Expert KYC Screening
Kirby v. Turner, 2026 BCSC 510 (Supreme Court of British Columbia) A B.C. Supreme Court case out of Kelowna shows how easily a real estate transaction can be hijacked when identity verification is treated as a paperwork step instead of a risk-control process. In Kirby v. Turner (2026 BCSC 510), a Kelowna couple believed they […]
The “Trust Account Halo” Can Backfire: Private Lending Lessons from Law Society of BC v. Soon
Private mortgage deals often move fast, rely on relationships, and lean on professionals to make transactions feel safe. A recent Law Society of British Columbia discipline decision is a reminder that comfort and credibility are not substitutes for controls—especially when a lawyer is involved in moving funds and documenting transactions. In Law Society of BC […]
Mortgage Suitability Case Note: “Gift-as-Loan” Structuring, High-Cost Second Mortgages, and Missing Brokerage Oversight (Ontario FSRA Settlement)
What this case is about Ontario’s regulator (FSRA) settled an enforcement matter involving a licensed mortgage broker, his supervised agent, and a related lending company used to advance funds. The file raises classic mortgage suitability concerns: a borrower transaction was completed using paperwork describing funds as a non-repayable gift when the funds were actually a […]
Mortgage Services AML Guidance: Key Lessons from Ghotaymi v. BCLC (2026 BCSC 191)
In Ghotaymi v. BCLC (2026 BCSC 191), the court upheld a risk-based approach to anti-money laundering controls that is directly relevant to mortgage brokers, lenders, and other mortgage service providers. The key message for the mortgage industry is that you do not need “proof” of money laundering to take enhanced due diligence steps—if the facts […]
Why Exempt Market Dealers Are “Limited Dealers” — and Why It Matters Under the New Mortgage Services Act
1. The current legal definition: “limited dealer” means every dealer who is not an investment dealer As of the consolidated Securities Rules current to March 2026, British Columbia defines “limited dealer” in a deliberately broad way. Section 6 of the Securities Rules (B.C. Reg. 194/97) provides: “In these rules ‘limited dealer’ means a person registered […]
CAPL Letter to BCFSA: Clarification Request on NQSM/NQSMI Treatment Under the Mortgage Services Act Transition
CAPL has submitted a letter to the BC Financial Services Authority (BCFSA) requesting confirmation of our understanding of how non-qualified syndicated mortgages and non-qualified syndicated mortgage investments (NQSMs/NQSMIs) are treated under British Columbia’s current Mortgage Brokers Act framework and the upcoming Mortgage Services Act (expected to come into force in or around October 2026). The […]
APL Letter to BCFSA: Clarification Request on NQSM/NQSMI Treatment Under the Mortgage Services Act Transition
CAPL has submitted a letter to the BC Financial Services Authority (BCFSA) requesting confirmation of our understanding of how non-qualified syndicated mortgages and non-qualified syndicated mortgage investments (NQSMs/NQSMIs) are treated under British Columbia’s current Mortgage Brokers Act framework and the upcoming Mortgage Services Act (expected to come into force in or around October 2026). The […]