Articles

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

Editor: Yoann Emian

Today
Today

Lying isn’t always Lying: The Ontario Court of Appeal takes a purposeful interpretation of s. 178(1)(e) of the Bankruptcy and Insolvency Act

  • September 22, 2022
  • Spencer Jones

Spencer Jones of Lerners LLP summarizes a decision where the Ontario Court of Appeal considered the meaning of the term “debt or liability resulting from obtaining property or services by false pretences or fraudulent misrepresentation” and whether false statements made during a discovery in underlying litigation is included within this term.

Insolvency Law, Student Forum

Hitting the Brakes: Analyzing Accelerated Interest Clauses in the Appellate Decision of First National Financial GP Corporation

  • September 20, 2022
  • Tamie Dolny and Zoi Samonas

On August 31, 2022, the Ontario Court of Appeal overturned a trial decision in First National Financial GP Corporation v. Golden Dragon Ho 10. Inc., unanimously holding that when a contract is silent on an issue, absent contradicting contractual provisions, a mortgagor must provide additional consideration to amend the agreement to receive a right to prepay and discharge a mortgage.

Student Forum, Young Lawyers' Division
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