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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

Advocacy | March 27, 2026

Your OBA LegUp Policy and Legislative Update Week of March 23

2026 Ontario Budget: On Thursday, the Ontario government released the 2026 Budget, A Plan to Protect Ontario. Justice sector spending is projected at $7.3 billion in 2026-27, and the overall deficit for 2026-27 is $13.8 billion, up from the $7.8 billion figure in the 2025 budget. You can read more about the budget and view the full document here.

Advocacy | March 27, 2026

OBA Update - Budget 2026

Justice sector expense is projected to increase from $7.2 billion in 2024–25 to $7.4 billion in 2028–29. Investments in the sector support enhanced border security, the expansion and construction of new correctional institutions, and public safety,

Legislative Update | March 20, 2026

Your OBA LegUp Policy and Legislative Update Week of March 16

Pepper Spray: Ontario is calling on the Federal government to amend the Criminal Code to allow the use of pepper spray for self-defence. Currently, pepper spray designed for use on people is classified as a prohibited weapon.

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.