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Insolvency Law

From programming and advocacy to peer recognition and relevant resources, OBA Section membership connects you with education, engagement and leadership opportunities to propel you to the forefront of your area of practice.

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Resources, Articles, & Advocacy

Article | March 16, 2026

Drawing the Line Between Loans and Income: Re Shaw Reins In Surplus‑Income Overreach

The Ontario Superior Court’s decision in Re Shaw, 2025 ONSC 6385 clarifies judicial interpretation of “total income” in section 68 of the Bankruptcy and Insolvency Act (“BIA”). While the surplus income regime is a familiar feature of Canadian bankruptcy law, the treatment of loans advanced during bankruptcy has remained surprisingly underdeveloped in jurisprudence. In Re Shaw, the Court addresses this gap by drawing a principled distinction between true loans and income, and underscoring the importance of fairness and the trustee’s advisory role in the bankruptcy process.

Legislative Update | March 13, 2026

Your OBA LegUp Policy and Legislative Update Week of March 9

Jets at Billy Bishop: Premier Ford has suggested that the province may expropriate Toronto’s share of the airport lands if officials block the expansion plans. The federal government did not specifically endorse the plan, but suggested it was open to examining future expansion.

Legislative Update | March 06, 2026

Your OBA LegUp Policy and Legislative Update Week of March 2

International Francophonie Day: On Wednesday, March 18, 2026, 5:30 to 7 p.m. the Law Society of Ontario, l’Association des juristes d’expression française de l’Ontario (AJEFO) and the Ontario Bar Association (OBA) are hosting International Francophonie Day | Ontario Bar Association.”

Advocacy | February 27, 2026

Your OBA LegUp Policy and Legislative Update Week of February 23

OBR Ontario Business Account: On February 23, 2026, the Ministry of Public and Business Service Delivery and Procurement launched the Ontario Business Account. If you are an intermediary using the Ontario Business Account, the ministry recommends transferring your account to the OBR Partner Portal, which is designed to help intermediaries manage client accounts efficiently.

Advocacy | February 20, 2026

Your OBA LegUp Policy and Legislative Update Week of February 16

OBR ServiceOntario Account Upgrade Coming Soon: The Ministry of Public and Business Service Delivery and Procurement has announced that the ServiceOntario Account for businesses is becoming the Ontario Business Account on February 23, 2026. The Ministry recommends transferring accounts to the OBR Partner Portal, which is designed to help intermediaries manage client accounts efficiently.