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OverviewThe 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. Full Product DetailsAuthor: Thomas G.W. Telfer , Virginia TorriePublisher: University of British Columbia Press Imprint: University of British Columbia Press ISBN: 9780774867283ISBN 10: 0774867280 Pages: 284 Publication Date: 07 February 2021 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: In Print  This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us. Table of ContentsIntroduction: An Untested Federal Power 1 The Voluntary Assignments Case (1894) and Lord Herschell’s Dicta 2 Royal Bank of Canada v Larue and the Brave New World of Bankruptcy Law 3 The Companies’ Creditors Arrangement Act Reference Case and the Debtor’s Financial Condition 4 The Farmers’ Creditors Arrangement Act Reference Case and Rehabilitating Debtors Conclusion: A Modern View of Bankruptcy and Insolvency Notes; Bibliography; Index of Cases; IndexReviewsThis book is a masterpiece of academic contribution enriching our understanding on the bankruptcy law development in Canada and beyond … I am overwhelmed by the quality of the in-depth analysis in this book. -- Zhang Zinian, University of Leeds * Singapore Global Restructuring Initiative Blog * While the tradition of any book review is to mention a few blemishes, I was hard pressed to find any... This is an excellent, thought-provoking and informative book. -- Vern W. DaRe, University of Windsor * Banking & Finance Law Review * This book is a masterpiece of academic contribution enriching our understanding on the bankruptcy law development in Canada and beyond ... I am overwhelmed by the quality of the in-depth analysis in this book. -- Zhang Zinian, University of Leeds * Singapore Global Restructuring Initiative Blog * Author InformationThomas G.W. Telfer is a professor and teaching fellow in the Faculty of Law at Western University. He is the author of Ruin and Redemption: A Struggle for a Canadian Bankruptcy Law, 1867–1919 and co-editor of Bankruptcy and Insolvency Law in Canada: Cases, Materials, and Problems. Virginia Torrie is an associate professor in the Faculty of Law at the University of Manitoba. She is the author of Reinventing Bankruptcy Law: A History of the Companies’ Creditors Arrangement Act, as well as several articles on bankruptcy and insolvency law. Tab Content 6Author Website:Countries AvailableAll regions |
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