Articles

The following articles are published by OBA Sections, including the Student Section. Members are encouraged to submit articles.

Editor: Cláudio Antônio Klaus Júnior 

Today
Today
Photo of Section Chair Christie Gibson

A Letter from the OBA Municipal Law Section Executive Chair

  • September 16, 2022
  • Christie E. Gibson

I am honoured and privileged to be serving as the chair of this section for the upcoming year. For those who don’t know me, I am a 2014 call, and a partner at Cassels in Toronto. Thank you to Joanna Wice (Ministry of Municipal Affairs and Housing) for her incredible leadership as chair last year. I have big shoes to fill!

Municipal Law, Student Forum

A Teacher’s Past Life May Come Back to Haunt Them

  • September 09, 2022
  • Gillian Tuck Kutarna and Kayla Cockburn

Teachers may be disciplined for conduct before they registered with the Ontario College of Teachers if it impacts their suitability as a teacher.

Education Law, Student Forum

Wandering Children and Educator Culpability

  • September 09, 2022
  • Renata Antoniuk

This article discusses two recent arbitration awards considering the appropriate discipline for an educator when a child in their care wanders off school property unsupervised.

Education Law, Student Forum

Creditors Beware – The Time is Ripe for Equitable Subordination

  • September 09, 2022
  • Anthony Labib

In late 2019, section 18.6 of the Companies’ Creditors Arrangements Act and section 4.2 of the Bankruptcy and Insolvency Act were introduced, requiring all interested parties to a proceeding to act in good faith. The 2019 Amendments do not define “good faith” or provide specific remedies for a breach of it. Rather, the amendments provide the court with unfettered discretion to make any order it considers appropriate when a stakeholder breaches its good faith obligation.

Insolvency Law, Student Forum

Draft Budget Implementation Legislation: Part III, Other Updates

  • August 31, 2022
  • Terrance S. Carter, Theresa L.M. Man and Jacqueline M. Demczur

Two pieces of draft legislation – one to make technical amendments to the Income Tax Act (“ITA”) and Income Tax Regulations (“Regulations”), and one to implement parts of Budget 2022, among other proposals, by amending the ITA and Regulations – have been released. This article, which is Part III of a Three-Part series, will discuss other updates contained in the draft legislation.

Charity and Not-For-Profit Law, Student Forum

Draft Budget Implementation Legislation: Part II, Updated Reporting Requirements for Trusts

  • August 31, 2022
  • Terrance S. Carter, Theresa L.M. Man and Jacqueline M. Demczur

Two pieces of draft legislation – one to make technical amendments to the Income Tax Act (“ITA”) and Income Tax Regulations (“Regulations”), and one to implement parts of Budget 2022, among other proposals, by amending the ITA and Regulations – have been released. This article, which is Part II of a Three-Part series, will updated reporting requirements for trusts.

Charity and Not-For-Profit Law, Student Forum

Draft Budget Implementation Legislation: Part I, Disbursement Quota

  • August 31, 2022
  • Terrance S. Carter, Theresa L.M. Man and Jacqueline M. Demczur

Two pieces of draft legislation – one to make technical amendments to the Income Tax Act (“ITA”) and Income Tax Regulations (“Regulations”), and one to implement parts of Budget 2022, among other proposals, by amending the ITA and Regulations – have been released. This article, which is Part I of a Three-Part series, will discuss the disbursement quota.

Charity and Not-For-Profit Law, Student Forum