Debt and Federalism : Landmark Cases in Canadian Bankruptcy and Insolvency Law, 1894-1937 / Virginia Torrie, Thomas Telfer.
2022
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Details
Author
Title
Debt and Federalism : Landmark Cases in Canadian Bankruptcy and Insolvency Law, 1894-1937 / Virginia Torrie, Thomas Telfer.
Imprint
Vancouver ; Toronto : University of British Columbia Press, [2022]
Copyright
©2021
Description
1 online resource (284 p.) : 7 photographs, 3 tables.
Series
Landmark cases in Canadian law.
Formatted Contents Note
Front Matter
Contents
Illustrations
Foreword
Acknowledgments
Introduction
The Voluntary Assignments Case (1894) and Lord Herschell's Dicta
Royal Bank of Canada v Larue and the Brave New World of Bankruptcy Law
The Companies' Creditors Arrangement Act Reference Case and the Debtor's Financial Condition
The Farmers' Creditors Arrangement Act Reference Case and Rehabilitating Debtors
Conclusion
Notes
Bibliography
Index of Cases
Index
Contents
Illustrations
Foreword
Acknowledgments
Introduction
The Voluntary Assignments Case (1894) and Lord Herschell's Dicta
Royal Bank of Canada v Larue and the Brave New World of Bankruptcy Law
The Companies' Creditors Arrangement Act Reference Case and the Debtor's Financial Condition
The Farmers' Creditors Arrangement Act Reference Case and Rehabilitating Debtors
Conclusion
Notes
Bibliography
Index of Cases
Index
Summary
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.
Language Note
In English.
System Details Note
Mode of access: Internet via World Wide Web.
Source of Description
Description based on online resource; title from PDF title page (publisher's Web site, viewed 06. Mrz 2024)
Location
www
In
Title is part of eBook package: ACUP Complete eBook-Package 2021 De Gruyter
Title is part of eBook package: ACUP Upgrade eBook-Package 2021 De Gruyter
Title is part of eBook package: University of British Columbia Complete eBook-Package 2021 De Gruyter
Title is part of eBook package: ACUP Upgrade eBook-Package 2021 De Gruyter
Title is part of eBook package: University of British Columbia Complete eBook-Package 2021 De Gruyter
Access Note
restricted access (http://purl.org/coar/access_right/c_16ec) online access with authorization
Alternate Title
DeGruyter online
Language
English
ISBN
9780774867306
Record Appears in