Suitability Is About Judgement

Posted on May 14, 2026May 14, 2026 by Andy MacDonald

In a recent post / article I talked about the failure of many mortgage brokers and agents to comply with Section 24 and 25 of Ontario Regulation 188/08. These sections deal with disclosure and suitability. At a basic level, disclosure is about information, while suitability is about judgement. The incompetent mortgage brokers and mortgage agents of the world often fail at both levels, but I find that even the fully competent ones get trapped in the mindset that they need to get the ...

Suitability & Disclosure… the low hanging fruit!

Posted on April 29, 2026April 29, 2026 by Andy MacDonald

Until recently, the mortgage brokerage sector has largely been ignored by regulators and litigators. Everyone was making money in mortgages and even poor advice was profitable. No one complains when times are good but now that the market has turned, we are seeing just how bad the advice was that many borrowers and investors received from their mortgage broker or agent. As Warren Buffet famously surmised, “Only when the tide goes out do you discover who’s been swimming naked”. Let’s just s...

Testimonial: Scott McMahon

Posted on March 20, 2026March 20, 2026 by admin

Andy provided a thoughtful and technically sound opinion in a litigation matter that I hired him for involving mortgage financing and closing risk. His analysis was thorough and credible, and it underscored issues that tend to be overlooked in proceedings of this nature. His report was an important and effective part of our advocacy. I would readily work with him again. Scott McMahonO'Flynn Weese LLP | Barristers & Solicitors

Who are you relying on for advice?

Posted on December 5, 2025December 5, 2025 by Andy MacDonald

I was recently hired to offer my expert opinion on a litigation case where a handful of investors agreed to participate in a syndicated private second mortgage on a commercial building. There were many red flags with this transaction but the thing that stuck out the most to me was the lack of experience amongst the multiple mortgage brokers and agents that were involved in the transaction. Most of them had only been in the business for a few years. There was some phuckery involved in the transa...

Testimonial: Steven M. Polak

Posted on November 25, 2025November 25, 2025 by admin

I have had the pleasure of working with Andy MacDonald as an Expert Mortgage Broker on a case that I worked on. Andy was responsive, timely, thoughtful and well informed. He provided us with real assistance in understanding the issues in the case and informing the Court process. His report and opinion were well written and well thought out. Thank you Andy. Sincerely, Steven M. Polak Partner, Lerners LLP

The Road Less Travelled

Posted on October 16, 2025October 16, 2025 by Andy MacDonald

Yesterday, I went for a walk in the woods on a road that was abandoned long ago. It reminded me of the journey we take in life. Sometimes the road is clear and other times we must look a little harder for that road. The outline of it is there but we might have to climb over a few obstacles or cross a brook to find our way. My professional journey started back in 1989. I would have taken my first mortgage application while working as a Loans Clerk at Canada Trust. That would have been t...

An Expert Witness Can Offer Clarity

Posted on May 5, 2025May 27, 2025 by Andy MacDonald

Sometimes, the most valuable thing an expert witness can provide is a reality check.I had a call the other day with a litigator and their client. The day before, the lawyer had sent me a brief summary of their case as they were considering retaining me as an expert witness.The conversation lasted only 15-20 minutes, but in that time, I was able to offer some key insights. Their theory hinged on the idea that a private mortgage lender was somehow tied to an embezzlement scheme. After reviewing t...

Testimonial: Payam Ezzatian

Posted on April 25, 2025May 27, 2025 by admin

I had the pleasure of working with Andy on a recent matter. He’s prompt and professional, and provides valuable insight based on decades of experience. I would not hesitate to ask for his assistance again. Payam Ezzatian Partner Brauti Thorning LLP Toronto, Ontario

Expert Insights: Peter Morris

Posted on March 10, 2025May 27, 2025 by Andy MacDonald

Last week, I had the pleasure of meeting with Peter Morris, President of Robertson Morris, to expand my network of Expert Witnesses. My goal was to gain insights from his extensive experience and refine my skills in writing Expert Witness Reports for litigation involving mortgage brokers and agents in Ontario. With over forty-five years in the property and casualty insurance industry, Peter has a wealth of knowledge in his field. Over the past decade, he has transitioned into ...