Is Excel failing to meet the standard of care for a collection agency?
Ontario, Canada
The following excerpt is from Anderson v. Excel Collection Services Ltd., 2005 CanLII 35681 (ON SCDC):
The issue, then, is whether the Deputy Judge erred in finding that Excel failed to meet the standard of care for a collection agency, given his findings of fact. The Deputy Judge correctly stated that proof of a statutory breach which causes damages may be evidence of negligence (Galaske v. O’Donnell, 1994 CanLII 128 (SCC), [1994] 1 S.C.R. 670 at para. 30).
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