Ontario resident Tim O’Halloran has been dutifully paying his $4,500 loan for the last five years.
He took out the loan from CashMoney (which is now LendDirect) due to health problems he experienced a few years ago. He got his leg amputated and needed some cash to cover a wheelchair purchase and some modifications to his home.
Given that he’s made 60 payments over the last half-decade — $196 per month — O’Halloran expected his loan to be nearly paid off. Instead, he’s still owing $3,697, and learned he actually took out a line of credit and not an instalment loan.
“At $4,500, if you do the math, it comes out to close to $10,000 for a $4,500 loan,” O’Halloran told CTV News, adding, “I know there is no possible way to pay this thing, as the interest is going to keep adding on.”
He noted that he did not receive the paperwork when he first signed the loan, as the company alleged their photocopier was broken.
While O’Halloran did tell the news outlet he refinanced his loan once, he was shocked he still owed so much. Of the $196 he pays monthly, $147 goes towards interest and only $49 towards the principal amount. On top of the loan, O’Halloran is still paying medical bills and other necessary expenses — he now regrets borrowing the money.
CTV News contacted the lender, but received no response.
Criminal interest rate cap lowered last year
Stories similar to O’Halloran’s in part prompted the federal government to institute new legislation for interest rate caps on January 1, 2025, with an aim to protect financially vulnerable Canadians from predatory lending practices.
As a result, it is now illegal for lenders to offer high-interest loans with an annual percentage rate (APR) of 35%: APR is a combination of interest rates and fees. Payday loans were also lowered to a cost of $14 per $100 borrowed (an annual interest rate of 365%) as well.
Prior to the changes, the legal cap on interest rates was at 48% APR.
The changes were first presented back in Budget 2023, updating the “Criminal Interest Rate Regulations.” Subsequent additions were put forward in Budget 2024 to “prohibit offering of credit at the criminal rate of interest.”
The changes to the criminal limit on interest rates were not retroactive, so consumers like O’Halloran weren’t eligible for lower rates on their old loans.
While the changes can’t help Canadians who got a high-interest loan prior to the beginning of 2025, consumers in 2026 will access regulated lenders at the amended rates. The question is: will it help?
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Experts raise issue with the cap
On paper, the change seems welcome. As many as 8 million Canadians or more don’t meet the strict credit requirements (a score of 720 or more) to borrow from major financial institutions. So, they turn to alternative, sub-prime lenders and payday loans.
Shouldn’t lowering the interest rate for millions of Canadians be a prudent decision? Not if it stops regulated lenders from being able to offer loans to those who are financially vulnerable.
That’s the argument made in A Rise in Illegal Lending and Criminal Activity, a paper co-authored by the Canadian Lending Association (CLA) and Ontario Association of Chiefs of Police (OACP). The organizations suggest that 4.7 million Canadians will no longer have access to fair alternative lenders — instead they are pushed to borrow from payday lenders or illegal loan sharks.
Regulated lenders set high interest rates to account for the risks of a sub-prime borrower failing to make a payment. A lower interest rate means they may not turn a profit when lending to Canadians who are at a high risk of defaulting. So, they exit the market.
Thus, illegal lenders and payday loan sharks fill the void.
“The legislation has the potential to create a vacuum for criminals to fill,” Barry Horrobin, co-chair of the OACP’s Community Safety and Crime Prevention Committee, said in a statement.
The paper cites a number of case studies where government interest rate changes led to a rise in illegal and predatory lending practices, including California, Quebec and the UK.
Consumer advocacy groups have also raised warning flags. Credit Canada Debt Solutions, a non-profit credit counselling agency, has cautioned that restricting higher-cost lending without expanding access to affordable credit could leave financially vulnerable Canadians with fewer borrowing options and potentially push them toward unregulated lenders.
“Lowering the criminal rate doesn’t solve the problem,” CEO Bruce Sellery said in a release. “Many people turn to high-interest loans because they have low credit scores and can’t qualify for loans from traditional lenders. Without addressing the underlying issues, like financial literacy, mental health struggles, and income instability, we risk pushing Canadians toward unregulated, riskier credit options like pawn shops, illegal lenders, or offshore borrowing.”
How to escape a high-interest loan trap
Statistics from the CLA show that Canadians like O’Halloran turn to alternative lending solutions to cover their bills (53%), essential expenses (38%), home and auto repairs (28%) and to consolidate debt (24%). Because they can’t get loans at a better rate from large institutions, necessity forces them to look elsewhere. And when you’re dealing with an emergency repair, looming bills or any other urgent issue, it’s hard not to act quickly.
So, if you’re trapped with a high-interest loan you feel you can’t pay off fast enough, what are your options? Here are some steps you can take to get out of a debt spiral.
- Work with a professional. There are free, accredited services for Canadians stuck in a trap of emergency loans from organizations like Credit Counselling Canada and Consolidated Credit Canada.
- Consider a debt consolidation plan. If you have multiple sources of high-interest debt, consolidating them into a single loan may lower your cumulative interest paid.
- Look into a debt management plan. Similar to a consolidation loan, this option has the added benefit of potentially reducing your debt load. A licensed credit counsellor will work with your creditors to negotiate amounts owed and come up with a single monthly payment that matches your budget. The Credit Counselling Society offers debt management plans across all provinces in Canada.
Bottom line
If the CLA and OACP are right, consumers with sub-prime credit scores need to be even more vigilant when it comes to finding a loan — especially in the short-term. If you’re looking for a loan, start with the CLA’s list of certified lenders. If you see a lender with an unusually high rate — above the federally mandated 35% APR — don’t take the offer, no matter how badly you need the money. The best financial decisions are never made under pressure.
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Brett Surbey is a corporate paralegal with KMSC Law LLP and freelance writer who has written for Yahoo Finance Canada, Success Magazine, Publishers Weekly, U.S. News & World Report, Forbes Advisor and multiple academic journals. He and his family live in northern Alberta, Canada.
