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ISBN: 9781552215173

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Bankruptcy and Insolvency Law in Canada

Cases, Materials, and Problems

Authored by leading experts from across the country, Bankruptcy and Insolvency Law in Canada: Cases, Materials, and Problems reimagines the traditional casebook. It includes an instructor’s manual and is offered in conjunction with an illustrated guide featuring helpful visual aids and diagrams. This casebook provides clear, accessible, and detailed textual commentary on the law by using modern and illustrative cases and presents problem-solving exercises to challenge students to do what lawyers are renowned for — provide solutions.

This up-to-date resource fosters an appreciation for the law by analyzing the intellectual, political, and practical importance of bankruptcy legislation, and the manner in which it permeates many aspects of corporate, commercial, and consumer law. In addition to providing an overview of the key issues in contemporary law, this book addresses the procedural aspects involved in different types of bankruptcy and insolvency proceedings, and their impact on debtors and creditors.

This “all-in-one” course package explains and clarifies the interplay of social, economic, and legal issues in the development of modern bankruptcy policy, and it is an invaluable resource for professors, law students, and practitioners seeking to understand the operation of the Canadian bankruptcy system.

Contributors

Stephanie Ben-Ishai

Stephanie Ben-Ishai is a Distinguished Research Professor and Full Professor at Osgoode Hall Law School, where she engages in research and teaching on bankruptcy, contract, commercial law, and financial crises. She has authored or co-authored nine books and more than 50 articles, including seminal and innovative texts on bankruptcy and contract law. Professor Ben-Ishai has been nationally and internationally recognized as an expert in each of her research areas. She has been consulted by private actors, governments and self-regulatory institutions, and served as a Scholar in Residence with the Law Commission of Ontario. Her work has been cited by every level of Canadian court and she has given expert testimony to Canadian and American courts. An active participant in domestic and international professional committees, research networks and law reform efforts, Professor Ben-Ishai also serves as Co-Founder and Editor of the Insolvency Institute of Canada Law Journal, established in 2011.

Thomas G. W. Telfer

Thomas G. W. Telfer is a Professor of Law at Western University. He joined Western in 2002 from the University of Auckland where he taught for eight years. Professor Telfer has published a number of articles on insolvency law, secured transactions and consumer law. He has a major interest in the intersection of history and bankruptcy law and is the author of Ruin and Redemption: A Struggle for Canadian Bankruptcy Law, 1867–1919. He is a member of the Editorial Advisory Board for the Canadian Business Law Journal, and the New Zealand Law Review. In 2013, Professor Telfer was the recipient of the Lloyd Houlden Memorial Research Fellowship.

Chapter Title Contents Contributors Pages Year Price

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Chapter 1 provides an introduction, an overview of the evolution of bankruptcy law, and a discussion of modern bankruptcy objectives. ; 44 $4.40

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Chapter 2 considers constitutional aspects of the bankruptcy system, as well as the structure of the system. It includes practice questions at the end. 63 $6.30

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Chapter 3 looks at voluntary bankruptcy, involuntary bankruptcy, deemed assignments, and consequences of bankruptcy. It includes practice questions at the end. 16 $1.60

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Chapter 4 examines what constitutes the bankruptcy estate, secured creditors, and set-off. It includes practice questions at the end. 23 $2.30

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Chapter 5 covers reviewable transactions, including the provincial fraudulent conveyance laws, the BIA transfers at undervalue provision, the BIA preference provisions, and the provincial … 51 $5.10

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Chapter 6 contains a discussion of executory contracts, including disclaimer, affirmation, and assignment. It includes practice questions at the end. 26 $2.60

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Chapter 7 looks at BIA claims, including illustrative cases and the rule against double proof. It includes practice questions at the end. 45 $4.50

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Chapter 8 provides an overview of priority creditors, including secured creditors and Crown creditors. It includes practice questions at the end. 29 $2.90

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Chapter 9 looks at priorities and distribution, including payment of dividends and the pari passu principle, priority ranking and postponed claims, and special claims. It includes practice … 19 $1.90

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Chapter 10 discusses corporate liability during insolvency. It considers directors’ personal liability for corporate debts, as well as sanctions for director and officer conduct detrimental … 72 $7.20

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Chapter 11 examines consumer bankruptcy, including the role of trustees, exempt property, the debtor’s obligation to contribute surplus income to the estate, discharge, and reaffirmation of … 88 $8.80

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Chapter 12 examines the Companies’ Creditors Arrangement Act, with an overview of the essentials of restructuring law, the scope of the CCAA, the initial filing, and scope of the stay. It … 43 $4.30

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Chapter 13 looks at business operations in a CCAA proceeding, including the monitor, governance, executory contracts, derivatives, interim (DIP) financing, critical suppliers, and aspects of the … 58 $5.80

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Chapter 14 discusses claims in a CCAA proceeding, including disputed and late claims, mass tort claims, priorities, avoidable transactions, and set-off. It includes practice questions at the end. 44 $4.40

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Chapter 15 looks at CCAA plans and approval, including voting and classification of claims, acquisition of claims, treatment of shareholders, treatment of equity claims, and court approval. It … 55 $5.50

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Chapter 16 surveys proposals under the BIA, with a history of the proposal provisions, commercial proposals, and consumer proposals. It includes practice questions at the end. 26 $2.60

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Chapter 17 covers receiverships, including the position at common law, the statutory regulation of receiverships, priorities, the current approach to receiverships, and template receivership … 31 $3.10

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Chapter 18 looks at cross-border insolvencies, including jurisdiction of Canadian courts, recognition and enforcement of foreign insolvencies, discharge of debts under foreign insolvency law, … 28 $2.80