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Bankruptcy and Insolvency Law in Canada by Stephanie Ben-Ishai,Thomas G. W. Telfer Pdf
Authored by leading experts from across the country, Bankruptcy and Insolvency Law in Canada: Cases, Materials, and Problems reimagines the traditional casebook. It provides clear, accessible, and detailed textual commentary on the and presents problem-solving exercises to challenge students to do what lawyers are renowned for--provide solutions.
Author : Virginia Torrie Publisher : University of Toronto Press Page : 317 pages File Size : 43,6 Mb Release : 2020-05-26 Category : History ISBN : 9781487534134
Reinventing Bankruptcy Law explodes conventional wisdom about the history of the Companies’ Creditors Arrangement Act and in its place offers the first historical account of Canada’s premier corporate restructuring statute. The book adopts a novel research approach that combines legal history, socio-legal theory, ideas from political science, and doctrinal legal analysis. Meticulously researched and multi-disciplinary, Reinventing Bankruptcy Law provides a comprehensive and concise history of CCAA law over the course of the twentieth century, framing developments within broader changes in Canadian institutions including federalism, judicial review, and statutory interpretation. Examining the influence of private parties and commercial practices on lawmaking, Virginia Torrie argues that CCAA law was shaped by the commercial needs of powerful creditors to restructure corporate borrowers, providing a compelling thesis about the dynamics of legal change in the context of corporate restructuring. Torrie exposes the errors in recent case law to devastating effect and argues that courts and the legislature have switched roles – leading to the conclusion that contemporary CCAA courts function like a modern day Court of Chancery. This book is essential reading for the Canadian insolvency community as well as those interested in Canadian institutions, legal history, and the dynamics of change.
Debt and Federalism by Thomas G.W. Telfer,Virginia Torrie Pdf
The legal meaning of bankruptcy and insolvency law has often remained elusive, even to practitioners and scholars in the field, despite having been enshrined in Canada’s Constitution since Confederation. Federal jurisdiction in this area must be measured against provincial powers over property and civil rights, among others. Debt and Federalism traces conceptions of the bankruptcy and insolvency power through four cases that form the constitutional foundation of the Canadian bankruptcy system: the 1894 Voluntary Assignments Case, Royal Bank of Canada v Larue in 1928, the 1934 Companies' Creditors Arrangement Act Reference Case, and the 1937 Farmers' Creditors Arrangement Act Reference Case. Together, they produced the bedrock for modern understandings of bankruptcy and insolvency law.
Bankruptcy and Insolvency Law by Roderick J. Wood Pdf
This book examines the legal framework that governs bankruptcy and insolvency law in Canada. It is organized in a way that illuminates the structure of insolvency law, its aims and objectives, and its foundational principles. The book will appeal to judges, insolvency lawyers and professionals as well as to students and others new to the field.
Creditor Rights and the Public Interest by Janis Pearl Sarra Pdf
Creditor Rights and the Public Interest supports the greater representation of non-traditional creditors in the process of insolvency restructuring in Canada, concentrating particularly on restructuring under the federal Companies' Creditors' Arrangement Act (CCAA). Arguing in favour of the representation of such non-traditional creditors as workers, consumers, trade suppliers, and local governments, Janis Sarra describes the existing process of addressing their interests, analyzes four case studies that focus on non-creditor groups, and compares the Canadian approach to that of several other countries, such as Germany, France, and the United States. Sarra draws on a comprehensive body of academic literature that covers a broad range of issues--insolvency theory, corporate governance theory, legislative history, and bankruptcy and insolvency practice. She further surveys the relevant legislation and supplements her analysis with insights drawn from extensive primary research of court records and personal interviews with lawyers, judges, and government officials. Creditor Rights and the Public Interest ultimately illustrates the way in which the concept of the public interest can be utilized to foreground the concerns of non-traditional stakeholders. Sarra provides a coherent account of the justification for recognizing these creditors by situating insolvency law in a legal regime that realizes a duty to maximize all of the interests and investments at stake in the corporation. In an academic field where scholarship is currently scarce, Sarra's text will be a welcome contribution.
The Bankruptcy Law Picture Book: A Brief Intro to the Law of Bankruptcy, in Pictures is an illustrated guide that features helpful visual aids and diagrams explaining bankruptcy law.
Trustees at Work explores the role bankruptcy trustees play in determining who qualifies as a deserving debtor under Canadian personal bankruptcy law. The idea of a deserving debtor is woven throughout bankruptcy law, with debt relief being reserved for those debtors deemed deserving. The legislation and case law invite trustees to assess debtors based on their pre-bankruptcy choices, but in practice, trustees evaluate debtors based on how cooperative the debtors are during bankruptcy proceedings. This book uses interviews and statistical data to explain how the financial and emotional pressures of trustees’ work shape their decision-making process.
Susan M. Grundy,Amanda B. Kushnir,Linc A. Rogers,Nicholas J. Hayduk
Author : Susan M. Grundy,Amanda B. Kushnir,Linc A. Rogers,Nicholas J. Hayduk Publisher : Juris Publishing, Inc. Page : 20 pages File Size : 54,9 Mb Release : 2006 Category : Law ISBN : 9781578232147
The Insolvency Laws of Canada by Susan M. Grundy,Amanda B. Kushnir,Linc A. Rogers,Nicholas J. Hayduk Pdf
International Insolvency has become recognized in recent years as critically important to the flow of international commerce and to the resolution of financial crises that threaten the system. Business failure is as important a part of commercial life as success, and the ability of those who supply credit to protect themselves in the event of insolvency affects not only the cost of credit but a lender’s or supplier’s willingness to supply it. Each volume in this new series has been written by one or more leading practitioners in the area, and has been edited by Howard S. Beltzer, Andrew P. DeNatale and Allan L. Gropper, who have had many years of experience as lawyers engaged actively in cross-border insolvencies. Each volume is designed to give the reader — lawyers and non-lawyers alike — ready access to a comprehensive but non-technical summary of the law of the particular nation. In order to make each volume easily accessible, each country is organized in the same manner. The first part consists of an overview, setting forth a broad outline of the relevant law as well as the country’s general attitude toward insolvency. The second part describes the nation’s forms of business entities and types of obligations that will usually be at issue in insolvency proceedings. The third part deals with consequences of insolvency for businesses. These works are designed to present the law of international insolvency in a practical, non-technical manner that is accessible to lawyers and law students as well as the business community.
Author : Philip Girard,Jim Phillips,R. Blake Brown Publisher : University of Toronto Press Page : 928 pages File Size : 55,9 Mb Release : 2018-01-01 Category : Law ISBN : 9781487504632
A History of Law in Canada, Vol. 1 by Philip Girard,Jim Phillips,R. Blake Brown Pdf
A History of Law in Canada is the first of two volumes. Volume one begins at a time just prior to European contact and continues to the 1860s, while volume two will start with Confederation and end at approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada - the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.
Vanessa Finch provides an interesting look at corporate insolvency laws and processes. She adopts an interdisciplinary approach to place two questions at the centre of her discussion. Are current UK laws and procedures efficient, expert, accountable and fair? Are fundamentally different conceptions of insolvency law needed for it to develop in a way that serves corporate and broader social ends? Topics considered in this wide-ranging book include different ways of financing companies, causes of corporate failure and prospects for designing rescue-friendly processes. Also examined are alternative asset distribution of failed companies, allocations of insolvency risks and effects of insolvency on a company's directors and employees. Finch argues that changes of approach are needed if insolvency law is to develop with coherence and purpose. This book will appeal to academics and students at advanced undergraduate and graduate level, and to legal practitioners throughout the common law world.
