BARRISTER & SOLICITOR · FORMER SENIOR MORTGAGE REGULATOR, FSRA

Regulatory counsel for mortgage lenders, administrators and MICs.

Regulatory counsel for mortgage lenders, administrators and MICs.

Regulatory counsel for mortgage lenders, administrators and MICs.

I advise mortgage businesses on licensing, regulatory examinations, AML and private lending, drawing on more than 20 years across mortgage lending, regulation and legal/compliance leadership.

I advise mortgage businesses on licensing, regulatory examinations, AML and private lending, drawing on more than 20 years across mortgage lending, regulation and legal/compliance leadership.

Licensed to practise law in Ontario. I act on multi-province mandates, with local counsel where another province’s law governs.

David Da Silva

David Da Silva

David Da Silva

Barrister & Solicitor, Ontario

Barrister & Solicitor, Ontario

Former senior mortgage regulator, FSRA

Former senior mortgage regulator, FSRA

Led complex compliance examinations of nationally significant mortgage registrants.

Led complex compliance examinations of nationally significant mortgage registrants.

20+ years in mortgage lending

20+ years in mortgage lending

Executive, regulatory, legal and compliance experience across lending, underwriting and governance.

Executive, regulatory, legal and compliance experience across lending, underwriting and governance.

SERVICES

SERVICES

Where I help

Where I help

Legal and regulatory work for mortgage lenders, administrators, MICs, private lenders and fintechs.

Legal and regulatory work for mortgage lenders, administrators, MICs, private lenders and fintechs.

LICENSING & MARKET ENTRY

Entering a new province or changing your model

Entering a new province or changing your model

Business-model characterization, licensing strategy and regulator communications.

Business-model characterization, licensing strategy and regulator communications.

EXAMINATIONS & REMEDIATION

An examination is coming, or findings have landed

An examination is coming, or findings have landed

Examination readiness, responses to findings, remediation plans and governance uplift.

Examination readiness, responses to findings, remediation plans and governance uplift.

AML & FINTRAC

Building or testing your AML program

Building or testing your AML program

Program design, business risk assessments, training and effectiveness reviews for mortgage businesses.

Program design, business risk assessments, training and effectiveness reviews for mortgage businesses.

PRIVATE LENDING & MICS

Operating or investing in private mortgage lending

Operating or investing in private mortgage lending

Investor suitability frameworks, disclosure, conflicts, and administrator and lender issues.

Investor suitability frameworks, disclosure, conflicts, and administrator and lender issues.

LENDING & CREDIT GOVERNANCE

When growth has outpaced policy and controls

When growth has outpaced policy and controls

Lending-policy support, underwriting controls, product governance and servicing issues.

Lending-policy support, underwriting controls, product governance and servicing issues.

FRACTIONAL REGULATORY COUNSEL

Senior regulatory support without another full-time hire

Senior regulatory support without another full-time hire

Project-based and fractional legal, regulatory and compliance support for lenders, administrators and MICs.

Project-based and fractional legal, regulatory and compliance support for lenders, administrators and MICs.

Legal services are provided by me, David Da Silva, a lawyer licensed by the Law Society of Ontario. Each engagement letter states whether a mandate is legal advice or consulting.

APPROACH

APPROACH

How a mandate runs

How a mandate runs

1

Conflict check and scope

Conflict check and scope

I clear conflicts and agree scope in writing before anything confidential is shared.

I clear conflicts and agree scope in writing before anything confidential is shared.

2

Regulatory analysis

Regulatory analysis

I start from the statutes, regulations and rules that apply to your business model.

I start from the statutes, regulations and rules that apply to your business model.

3

Written advice

Written advice

A memo that sets out what applies, what remains open and what to do next.

A memo that sets out what applies, what remains open and what to do next.

4

Implementation

Implementation

Policies, controls, remediation and regulator correspondence, as the mandate requires.

Policies, controls, remediation and regulator correspondence, as the mandate requires.

THE REGULATORY LENS

Commentary that supports the advisory work.

Commentary that supports the advisory work.

Commentary that supports the advisory work.

The Regulatory Lens is my commentary series on mortgage regulation, private lending, AML, licensing and regulatory risk.

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CLIENTS

CLIENTS

Who I act for

Who I act for

Mortgage lenders and administrators

Mortgage lenders and administrators

Licensing, lending governance and servicing obligations.

Licensing, lending governance and servicing obligations.

MICs and private lenders

MICs and private lenders

Investor suitability, disclosure, conflicts and administration.

Investor suitability, disclosure, conflicts and administration.

Alternative lenders and fintechs

Alternative lenders and fintechs

Business-model characterization and market entry.

Business-model characterization and market entry.

Law firms and external counsel

Law firms and external counsel

Specialist mortgage-regulatory support that complements corporate, finance and local counsel without displacing the existing client relationship.

Specialist mortgage-regulatory support that complements corporate, finance and local counsel without displacing the existing client relationship.

CONTACT

Discuss a mandate.

Discuss a mandate.

Discuss a mandate.

For advisory, fractional or referral inquiries:

Licensed in Ontario · Multi-province mandates, with local counsel where another province’s law governs.

David Da Silva is a barrister and solicitor licensed to practise law in Ontario. Website content is general information only and is not legal advice. Accessing this website or contacting Pico Regulatory Advisory does not create a lawyer-client relationship. Please do not send confidential information until an engagement has been confirmed in writing.