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Law Bankruptcy & Insolvency

Debt and Federalism

Landmark Cases in Canadian Bankruptcy and Insolvency Law, 1894-1937

by (author) Thomas Telfer & Virginia Torrie

Publisher
UBC Press
Initial publish date
Feb 2022
Category
Bankruptcy & Insolvency, Federal, Legal History
  • Paperback / softback

    ISBN
    9780774867290
    Publish Date
    Feb 2022
    List Price
    $27.95
  • eBook

    ISBN
    9780774867313
    Publish Date
    Feb 2022
    List Price
    $125.00
  • Hardback

    ISBN
    9780774867283
    Publish Date
    Feb 2022
    List Price
    $75.00

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Description

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.

About the authors

Thomas Telfer's profile page

Virginia Torrie is an assistant professor in the Faculty of Law at the University of Manitoba, and serves as Editor-in-Chief of the Banking and Finance Law Review.

Virginia Torrie's profile page

Editorial Reviews

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.

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.

Banking & Finance Law Review

"Telfer and Torrie deserve praise; Debt and Federalism is a thought-provoking escape, which should appeal to anyone with an interest in Canadian history, legal or otherwise."

Ottawa Law Review

Telfer and Torrie deserve praise; Debt and Federalism is a thought-provoking escape, which should appeal to anyone with an interest in Canadian history, legal or otherwise.

Ottawa Law Review

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