How have courts dealt with a loan that turns out to be illegal?

Alberta, Canada


The following excerpt is from EasyFinancial Services Ltd. v. Rivard, 2008 ABPC 350 (CanLII):

In the case of Eha v. Genge, infra, para. 43, a loan was made between friends and business associates which turned out to be at an illegal rate of interest. It was found that the "parties ... did not have an illegal purpose or an evil intention" and "[n]either of these individuals particularly viewed what they were doing as illegal."( para 11 and 12) The court held that "to allow the respondent to evade responsibility for repayment of the principal amount of these loans would be to give him an undeserved windfall." (para. 12) The borrower was ordered to repay the principal amount of the loan plus court ordered interest, to be calculated under British Columbia's equivalent of Alberta's Judgment Interest Act.

Other Questions


Can a court order all court-ordered sales of a personal injury property be exempt from all court ordered sales? (Alberta, Canada)
In what circumstances will the Court allow the Court to amend the Rules of Civil Procedure to allow the Courts to use the functional approach? (Alberta, Canada)
Does the Court have any authority to transfer proceedings under R.12 from the Court of Appeal to the Superior Court? (Alberta, Canada)
How have courts dealt with a mistake of identity in the land titles registration system? (Alberta, Canada)
How have courts dealt with standing issues? (Alberta, Canada)
How have courts dealt with discrimination against non-Canadian citizens on the grounds of citizenship and place of origin? (Alberta, Canada)
How have courts interpreted the Charter and the role of the courts? (Alberta, Canada)
How have courts in Canada dealt with the issue of an underground oil tank? (Alberta, Canada)
How have courts dealt with nuisance claims in the context of subtenancies? (Alberta, Canada)
How have courts dealt with “well-grounded suspicion” in a Will? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.