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, civil rights, and other aspects of provincial
power. Debt and Federalism traces changing conceptions of the federal
bankruptcy and insolvency power through four landmark cases that
together 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.
At times when federal and provincial views appeared seemingly
irreconcilable, each decision incrementally laid the groundwork for
the next constitutional challenge, ultimately producing the bedrock
for modern understandings of bankruptcy and insolvency law. Thomas
G.W. Telfer and Virginia Torrie draw on a wide array of archival and
legal sources to analyze the four decisions from a historical and
doctrinal perspective, and to situate them within the appropriate
social, economic, and political contexts. This astute book
demonstrates that together, the specific legal changes brought about
by these landmark cases underpin contemporary bankruptcy and
insolvency law and scholarship.
Les mer
Landmark Cases in Canadian Bankruptcy and Insolvency Law, 1894-1937
Produktdetaljer
ISBN
9780774867313
Publisert
2021
Utgiver
University of British Columbia Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter