Dear licensee,

The Law Society continues to respond to concerns about predatory lending schemes targeting vulnerable senior citizens. These often involve exploitative loan agreements secured against homes, typically linked to unnecessary home improvements such as furnace replacements, alarm systems or renovations. In some cases, Ontario lawyers and paralegals have played a role in facilitating these transactions, resulting in serious financial harm.

Licensees are reminded of the risks and limitations associated with acting for clients in relation to Notices of Security Interest (NOSIs) or in completing mortgage loan transactions involving vulnerable individuals. These transactions may raise serious ethical and professional conduct issues.

As part of its regulatory mandate the Law Society has issued Notices to the Professions to raise awareness of the risks associated with these transactions and the professional obligations of lawyers involved including notices about the Homeowner Protection Act, 2024 and Exploitative loan agreements

The Law Society has also pursued disciplinary proceedings, including a recent decision in 2023 ONLSTH 80 Law Society of Ontario v. Harrison, which addressed a lawyer’s role in facilitating predatory mortgage schemes.

These efforts have been supported by collaboration with seniors’ advocates, including the Advocacy Centre for the Elderly (ACE), and have contributed to meaningful law reform.

Licensees who work with older clients or who practise real estate law should consider attending an upcoming educational session on September 25 as part of ACE’s Special Lecture 2025,
A lawyer’s standard of care to vulnerable older clients: Recognizing and preventing exploitative and abusive property transactions.

Co-presented by the Law Society and ACE, this session will examine how lawyers can identify and prevent elder financial abuse in property transactions, with practical guidance on legal ethics, independent legal advice, and risk factors in real estate and mortgage matters.

In-person registration closes September 18.

Livestream registration is open until the day of the program.

Find more information and register for ACE's Special Lecture 2025.