You can download a Credit Report from the websites of both Equifax or TransUnion as well as a Credit Score by paying the required fee. If you do not have a credit card to pay for this report, you can pay for the report by using a relative's or a friend's credit card. You can then reimburse the other party for the cost of the report.

To the best of my knowledge, both Equifax and TransUnion will accept a U.S. credit card providing it is Visa, MasterCard or American Exoress. They will not accept a Discover card because a Discover card is not accepted in Canada.

You can also order a FREE Consumer Disclosure Report from both Equifax and TransUnion but the report will be mailed to the Canadian address as shown on the report. Because the ordering process is automated, you cannot choose to have the report sent to an address outside of Canada.

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Educating one Consumer at a time

I believe this gentelman lived here for a period of time then moved back to his country of origin after he had defaulted on a loan or credit card and is now considering moving back. Hence he now wishes to know how his credit rating is to determine whether or not he will be able to get credit upon his return.

Why would you want a credit report from Equifax or transunion if you aren't in Canada..??... these credit bureaus will only have records for Canadians who are dealing with Canadian creditors...

HOW TO GET A CREDIT REPORT IF A PERSON IS NOT IN CANADA. AND DOES NOT HAVE A CREDIT CARD TO PAY THE FEE OF CREDIT AGENCY.

My point was if the law says a proceeding can not be started after 2 yrs....why do they let it start.
The documents filled out by the plaintiff would have to have a date of loss and the clerk when reviewing these documents before applying the seal would see this was stats barred and pointless to proceed.
Least that is how it should work. Why does one have to defend themselves for an action that should never have gotten out of the gate to begin with?

Surely if a clerk has been given the authority of issuing a Default judgment, it would not be unreasonable for them when they are reviewing the document to ensure it has been filled out properly and to take note of the date of loss which must be included in the pleadings.
I understand that this is presently not the proccedure...but it should be to save the courts time and the defendants time and money.
If someone is claiming you owe them money it must say why and when.

@TJ.brooks

You stated in your post

"Why is it that the courts will issue a Statement of Claim which is the commencement or start of a lawsuit knowing that the default date was well over 2 years ago based on the documentation provided by the plaintiff when filing.......only to be thrown out at a later date. Is this not a waste of court time and resource?"

First, you should be aware that courts DO NOT and never have issued a Statement of Claim. All Statements of Claim are issued by the Plaintiff. The Clerk has no knowledge of the pleadings or statements listed or shown in a Statement of Claim. Second, there is no requirement to provide any documentation supporting the Statement of Claim when the Claim is filed with the Clerk of the Court. As a result, the Clerk has no knowledge as to whether the Statement of Claim is "statute-barred" or not. And even if the Clerk knew that the Claim was "statute-barred", the Clerk has no authority to prevent the filing of the Claim. The determination of whether a Statement of Claim is "statute-barred" lies with a Referee or Judge, originally at the Mandatory Pre-Trial Settlement Conference but ultimately by the judge if this matter proceeds to Trial. A Referee or a Judge at PTSC cannot prevent a case going to trial even if the Referee or Judge knows that the case is "statute-barred", but can suggest to the Plaintiff that in his opinion, the case is "statute-barred". However, if the Plaintiff requests that the case proceed to Trial, the final decision will be made by the Trial Judge.

When a Statement of Claim is presented to the Clerk of the Court either in person or by mail or by courier, the sole responsibility of the Clerk is to review the Claim to make sure that the Claim has been completed correctly including the "swearing" of the Affidavit to the Claim. If the Claim is personally delivered to the Clerk, the "swearing" of the Affidavit can be done by the Clerk. If the Claim is delivered by mail or courier, the "swearing" of the Affidavit must be done by either a Notory or a Commissioner for taking Affidavits. All lawyers are Notories while others have received their Commissioner for taking Affidavits from the government. All Clerks have received their Commissioner for taking Affidavits Certificate.

After the Clerk has reviewed the Statement of Claim and is satisfied that the Claim has been completed correctly, a new file is opened and a Claim Number is assigned to the Claim. In addition, the Clerk then stamps the Claim with the Court seal making it an official document. If only one copy of the Claim is presented to the Clerk, she will make 2 additional copies. The original copy is filed with the Court and the 2 copies are returned to the Plaintiff. All 3 copies must have an original signature by either a Notory or a Commissioner for taking Affidavits. If only one copy is received by the Clerk by either mail or courier, it will be returned to the Plaintiff with a note stating that the Clerk was unable to file this Claim as she requires 3 copies of the Claim with original signatures. That is why the vast majority of Claims are hand-delivered to the Clerk so that if there are any errors or omissions, they can be corrected at the Courthouse.

Once a claim has been served on a Defendant, as you well know, there is a 20 day period in which to respond to the Claim. Should no Defence be filed within the 20 day period, the Plaintiff takes the Claim to the Courthouse to confirm with the Clerk that no Defence has been filed. If the Clerk is satisfied that no Defence has been filed within the time limit, the Clerk, not a Judge, will issue a Default Judgment. Should a Defendant wish to have a Default Judgment "set aside", the Defendant must file a Motion with the Court and request the Clerk to set a date for a Judge to hear the Motion. At this hearing, the Judge will decide whether to "set aside" the Default Judgment.

I trust this explanation of the filing of a Statement of Claim will clarify any misunderstandings that you may have had regarding the filing of a Claim for a "statute-barred" debt.

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Educaing one Consumer at a time

It is happening because the ca lawyers/paralegals are not fully disclosing to the courts and the defendant is not showing up in court to defend the action. I have just had a default judgement and writ of seizure set aside with a permission to file a defence and it looks like I may be able to get costs for my lawyers fees as well. Should add that if I had been served I would have been in court to defend the action.

Perhaps someone could enlighten me on this point.

Given that the SOL clearly states that an action proceeding SHALL NOT BE commenced or in other words..started, after the 2nd anniversary of the discovery of a claim..

Why is it the courts will issue a Statement of Claim which is the commencement or start of a lawsuit knowing that the default date was wellover 2 years ago based on the documentation provided by the plaintiff when filing...only to be thrown out at a later date. Is this not a waste of court time and resource?.

Why is there even an opportunity available for a default judgment if the law says the action can not even be started in the first place?

To me I read SHALL Not as You can't.

Each province in Canada has a Statute of Limitations on unsecured debt.SOL.
In Ontario the length of time for a creditor to sue from when the creditor knew or should have known that your account was in default....usually 30 days after payment date is 2 years. After that it becomes Statute Barred and they can no longer successfully sue.
However if they start an action and you fail to file a defence using the sol as your defense and or fail to show up in court they can be awarded a Default Judgment, or in other words an automatic win.