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Author : Stephanie Ben-Ishai
Publisher : Political Animal Press
ISBN 13 : 9781895131406
Total Pages : pages
Book Rating : 4.1/5 (314 download)
Download or read book Bankruptcy and Insolvency Law in Canada written by Stephanie Ben-Ishai and published by Political Animal Press. This book was released on 2019-08 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Virginia Torrie
Publisher : University of Toronto Press
ISBN 13 : 1487534132
Total Pages : 317 pages
Book Rating : 4.4/5 (875 download)
Download or read book Reinventing Bankruptcy Law written by Virginia Torrie and published by University of Toronto Press. This book was released on 2020-05-26 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Thomas G.W. Telfer
Publisher : UBC Press
ISBN 13 : 0774867310
Total Pages : 282 pages
Book Rating : 4.7/5 (748 download)
Download or read book Debt and Federalism written by Thomas G.W. Telfer and published by UBC Press. This book was released on 2022-02-01 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 changing conceptions of the bankruptcy and insolvency power through four landmark 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, these decisions ultimately produced the bedrock for modern understandings of bankruptcy and insolvency law. Thomas G.W. Telfer and Virginia Torrie draw on archival and legal sources to analyze the decisions from a historical and doctrinal perspective. This astute book demonstrates that the legal changes introduced by these landmark cases underpin contemporary bankruptcy and insolvency law and scholarship.
Author : KEVIN P. MCELCHERAN
Publisher :
ISBN 13 : 9780433500711
Total Pages : pages
Book Rating : 4.5/5 (7 download)
Download or read book COMMERCIAL INSOLVENCY IN CANADA. written by KEVIN P. MCELCHERAN and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Roderick J. Wood
Publisher : Essentials of Canadian Law
ISBN 13 : 9781552214022
Total Pages : 697 pages
Book Rating : 4.2/5 (14 download)
Download or read book Bankruptcy and Insolvency Law written by Roderick J. Wood and published by Essentials of Canadian Law. This book was released on 2015 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Janis P. Sarra
Publisher : Carswell Legal Publications
ISBN 13 : 9780779814725
Total Pages : 756 pages
Book Rating : 4.8/5 (147 download)
Download or read book Annual Review of Insolvency Law written by Janis P. Sarra and published by Carswell Legal Publications. This book was released on 2008 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Janis Pearl Sarra
Publisher :
ISBN 13 : 9780802087546
Total Pages : 352 pages
Book Rating : 4.0/5 (875 download)
Download or read book Creditor Rights and the Public Interest written by Janis Pearl Sarra and published by . This book was released on 2003 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Wela Quan
Publisher :
ISBN 13 : 9781552215197
Total Pages : 170 pages
Book Rating : 4.2/5 (151 download)
Download or read book Bankruptcy Law Picture Book written by Wela Quan and published by . This book was released on 2019-08-22 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Christopher F. Symes
Publisher : Routledge
ISBN 13 : 1351897977
Total Pages : 290 pages
Book Rating : 4.3/5 (518 download)
Download or read book Statutory Priorities in Corporate Insolvency Law written by Christopher F. Symes and published by Routledge. This book was released on 2016-12-05 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who enjoys statutory preferred creditor status? What justifications exist for jurisdictions to maintain statutes that favour 'priority' creditors over other creditors and contributories? This book examines preferential debts derived from specific legislative provisions applying to corporate insolvency. In exploring the concept of preferential treatment, Statutory Priorities in Corporate Insolvency Law includes chapters that provide a doctrinal, theoretical and historical analysis of who enjoys preferred creditor status. As well as examining the traditional major categories of priorities, this work also identifies potential new categories for priority status such as environmental clean-up costs, international creditors, tort claimants and consumers among other non-consensual creditors. While the study focuses on Australian corporate insolvency law, where appropriate, comparisons are made with other common law jurisdictions, particularly the UK, Canada, New Zealand and the US.
Author : International Monetary Fund
Publisher : International Monetary Fund
ISBN 13 : 9781557758200
Total Pages : 108 pages
Book Rating : 4.7/5 (582 download)
Download or read book Orderly and Effective Insolvency Procedures written by International Monetary Fund and published by International Monetary Fund. This book was released on 1999-08-02 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by IMF's Legal Department, this book outlines the key issues involved in designing and implementing orderly and effective insolvency procedures, which play a critical role in fostering growth and competitiveness and may also assist in the prevention and resolution of financial crises. The book draws on lessons learned from firsthand experience by some of the IMF's 182 member countries. It includes an analysis of the major policy choices that countries need to address when designing an insolvency system, a discussion of the advantages and disadvantages of these choices, and a number of specific recommendations.
Author : Richard H. McLaren
Publisher : Canada Law Book
ISBN 13 : 9780888041470
Total Pages : pages
Book Rating : 4.0/5 (414 download)
Download or read book Canadian Commercial Reorganization written by Richard H. McLaren and published by Canada Law Book. This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Frank Bennett
Publisher : CCH Canadian Limited
ISBN 13 : 1553678311
Total Pages : 1595 pages
Book Rating : 4.5/5 (536 download)
Download or read book Bennett on Bankruptcy. written by Frank Bennett and published by CCH Canadian Limited. This book was released on 2007 with total page 1595 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Philip Girard
Publisher : University of Toronto Press
ISBN 13 : 1487530595
Total Pages : 928 pages
Book Rating : 4.4/5 (875 download)
Download or read book A History of Law in Canada, Volume One written by Philip Girard and published by University of Toronto Press. This book was released on 2018-12-21 with total page 928 pages. Available in PDF, EPUB and Kindle. Book excerpt: A History of Law in Canada is an important three-volume project. Volume One begins at a time just prior to European contact and continues to the 1860s, Volume Two covers the half century after Confederation, and Volume Three covers the period from the beginning of the First World War to 1982, with a postscript taking the account to 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.
Author : Anna Jane Samis Lund
Publisher : UBC Press
ISBN 13 : 0774861444
Total Pages : 238 pages
Book Rating : 4.7/5 (748 download)
Download or read book Trustees at Work written by Anna Jane Samis Lund and published by UBC Press. This book was released on 2019-12-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mortgages, student loans, credit cards: debt is a ubiquitous component of daily life in Canada. But our attitudes toward debt, and the people who incur it, are complex. Trustees at Work explores the role bankruptcy trustees play in determining who qualifies as a deserving debtor under Canadian personal bankruptcy law. When debt becomes unmanageable, the bankruptcy and insolvency system provides relief – though not to everyone. The architects of the system have restricted access to this benefit by developing methods to distinguish deserving from undeserving debtors. 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. Using insights from the sociology of emotion, Anna Jane Samis Lund reveals how carrying out emotional labour shapes an insolvency professional’s assessments of a debtor’s deservingness. Trustees at Work also includes interviews and statistical data to explain how the financial and emotional pressures of trustees’ work shape their decision-making process. Ultimately, it shows how insolvency trustees’ conceptions of a deserving debtor are shaped by the financial, legal, and emotional contexts in which they work.
Author : Anthony J. Duggan
Publisher :
ISBN 13 : 9781552393222
Total Pages : 864 pages
Book Rating : 4.3/5 (932 download)
Download or read book Canadian Bankruptcy and Insolvency Law written by Anthony J. Duggan and published by . This book was released on 2009-07 with total page 864 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John David Honsberger
Publisher :
ISBN 13 : 9780779879823
Total Pages : 830 pages
Book Rating : 4.8/5 (798 download)
Download or read book Honsberger's Bankruptcy in Canada written by John David Honsberger and published by . This book was released on 2017 with total page 830 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Lewis Duncan
Publisher : Toronto: Canadian Legal Authors, Limited
ISBN 13 :
Total Pages : 1230 pages
Book Rating : 4.3/5 (243 download)
Download or read book Bankruptcy in Canada written by Lewis Duncan and published by Toronto: Canadian Legal Authors, Limited. This book was released on 1961 with total page 1230 pages. Available in PDF, EPUB and Kindle. Book excerpt:
