What is the test for determining whether a loan is excessive or harsh and unconscionable?
Ontario, Canada
The following excerpt is from Loans Till Payday v. Brereton, 2010 ONSC 6610 (CanLII):
In deciding whether the cost of the loan is excessive and the transaction is harsh and unconscionable, the court is required to examine the risk and circumstances of the particular case (Milani v. Banks at para. 21). The court is required to consider not only the cost of the loan but whether the transaction as a whole is harsh and unconscionable.
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