Legal Blog:

Timothy Morgan and Allison Speigel Both Named as a “Thomson Reuters Stand-Out Lawyer”

SNF is pleased to announce that Timothy Morgan and Allison Speigel have both been named as a “Thomson Reuters Stand-Out Lawyer.” This recognition is based on independent client nominations submitted to Thomson Reuters as part of its global research with senior in-house counsel and reflects being identified as one of the three most outstanding lawyers with whom a client has worked over the past three years. Congratulations to both Timothy and Allison on this well-deserved recognition.

Civil Rules Review Final Policy Report

The Civil Rules Review, co-chaired by Allison Speigel and Justice Cary Boswell, delivered its final policy report to Attorney General Doug Downey and the Chief Justice Morawetz of the Superior Court. In it, they have proposed bold reforms to reshape the civil litigation system in Ontario.

Will & Ultimate Limitation

In our October 2025 newsletter, we set out a detailed description of the 15-year ultimate limitation period and some of the exceptions to it. We will not repeat that description now – even though the cases keep coming.

One of the more important cases is Tessaro v. Gora 2025 ONSC 198 (SCJ). The case dealt with the question of whether the ultimate limitation period starts when a will is drafted or, instead, the date when the will comes into force (i.e. upon the testator’s death).

BIA Attacks

We often discuss attacking a transfer under the Fraudulent Conveyances Act and the Assignment and Preferences Act. These are provincial statutes (in this case, Ontario). However, the Bankruptcy and Insolvency Act, a Canada statute, also has effective, and sometimes more effective, provisions to set aside improper transactions. These are set out in s. 95 and s. 96 of the BIA. Both sections were discussed in Ernst & Young Inc. v. Anwar, a 2025 decision of the Saskatchewan Kings Bench.

Purposes

Section 95 of the BIA governs fraudulent preferences (i.e.  transactions an insolvent person makes before bankruptcy that unfairly favour one creditor over others).

Section 96 governs undervalued transfers that strip assets from a bankrupt before bankruptcy. It is interpreted expansively to protect the integrity of the bankruptcy process.

These sections allow a trustee in bankruptcy to distribute assets among all creditors fairly by disallowing preferential payments to some creditors and setting aside improper transfers.