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

The End of the Line: Remission

  • January 15, 2020
  • Jesse Waslowski

The process for tax remission can be celebrated for its flexibility in addressing unforeseen circumstances that affect specific taxpayers. Making a request for remission should not be overlooked on the appropriate facts.

Student Forum, Taxation Law

Van Steenis – Good Purpose Gone Bad

  • January 15, 2020
  • Sameer Nurmohamed and Emily Wang

On December 5, 2019, the Supreme Court of Canada dismissed the taxpayer’s leave to appeal in Van Steenis v Canada, 2019 FCA 107, an interest deductibility case where the taxpayer borrowed money to purchase mutual fund units, which he did not dispose of, but used returns of capital from those units for personal purchases.

Student Forum, Taxation Law

Tribunal Finds That School Board Did Not Discriminate Against Parent of Student By Denying School Transfer Request

  • January 15, 2020
  • Anna Karimian, BLG

The Dufferin-Peel Catholic District School Board did not discriminate by denying a transfer request. The Board denied the transfer request because the applicant (student's father) could not provide any evidence that he could unilaterally make education decisions on his son's behalf without the mother's involvement, not because of a protected ground.

Education Law, Student Forum

Proposals to Convert Health and Welfare Trusts to Employee Life and Health Trusts

  • January 14, 2020
  • Hennadiy Kutsenko

This article discusses the proposed amendments to the employee life and health trust regime in the Income Tax Act, introduced on May 27, 2019. The changes to the current regime are outlined, as well as the proposed new rules to facilitate conversions of health and welfare trusts into employee life and health trusts

Student Forum, Taxation Law

Ontario Court Upholds Return to 2010 Sex Education Curriculum

  • January 14, 2020
  • Noah Burshtein, associate, BLG, and Elizabeth Creelman, associate, BLG

ETFO et al. v. Her Majesty the Queen considered the effect of the Minister of Education's Directive that public elementary school teachers revert to the 2010 sex education curriculum on the Charter rights of students, parents and teachers. The Court ultimately determined that the Directive was not discriminatory and it did not infringe any Charter rights.

Education Law, Student Forum

Time to Dish the Dirt: Ontario’s Excess Soil Regime Becomes Law

  • January 14, 2020
  • Matthew Gardner, Anand Srivastava, and Madiha Vallani

On December 4, 2019, Ontario’s Ministry of the Environment, Conservation and Parks (“MECP”) filed the long-awaited On-Site and Excess Soil Management Regulation (“Excess Soil Regulation”) and complementary amendments to Ontario’s Records of Site Condition (O Reg 153/04) and Waste Management (Reg 347 and O Reg 351/12) regulations. The Excess Soil Regulation and complementary regulatory amendments will come into legal force in phases.

Environmental Law, Student Forum