Skip to content
You are not logged in |Login  
     
Limit search to available items
Record:   Prev Next
Resources
More Information
Bestseller
BestsellerE-book
Author Torrie, Virginia, author.

Title Reinventing bankruptcy law : a history of the Companies' Creditors Arrangement Act / Virginia Torrie.

Publication Info. Toronto ; Buffalo ; London : University of Toronto Press, 2020.
©2020

Item Status

Description 1 online resource (xiv, 300 pages)
text file
PDF
nat Canadians
gdr Women
Physical Medium polychrome
Bibliography Includes bibliographical references and index.
Contents 1. Historical institutionalism and the recursivity of law -- 2. Corporate restructuring as a bondholder remedy -- 3. Enshrining a bondholder remedy in federal legislation -- 4. Constitutional references and changing conceptions of federalism, 1934-1937 -- 5. Efforts to repeal the Companies' Creditors Arrangement Act, 1938-1953 -- 6. New lenders, new forms of lending, and stalled bankruptcy reforms, 1970s-1980s -- 7. Purposive interpretation and pro-active judging, 1980s-1990s -- 8. Judicial sanction of tactical devices -- 9. Formalizing a modern debtor-in-possession restructuring narrative -- 10. Conclusion -- Appendices.
Summary "Reinventing Bankruptcy Law explodes conventional wisdom about the history of the Companies' Creditors Arrangement Act and in its place offers the first historical account of Canada's premier corporate restructuring statute. The book adopts a novel research approach that combines legal history, socio-legal theory, ideas from political science, and doctrinal legal analysis. Meticulously researched and multi-disciplinary, Reinventing Bankruptcy Law provides a comprehensive and concise history of CCAA law over the course of the twentieth century, framing developments within broader changes in Canadian institutions including federalism, judicial review, and statutory interpretation. Examining the influence of private parties and commercial practices on lawmaking, Virginia Torrie argues that CCAA law was shaped by the commercial needs of powerful creditors to restructure corporate borrowers, providing a compelling thesis about the dynamics of legal change in the context of corporate restructuring. Torrie exposes the errors in recent case law to devastating effect and argues that courts and the legislature have switched roles. This book is essential reading for the Canadian insolvency community as well as those interested in Canadian institutions, legal history, and the dynamics of change."-- Provided by publisher
Biography 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.
Local Note eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America
Language In English.
Subject Canada. Companies' Creditors Arrangement Act.
Canada.
Companies' Creditors Arrangement Act (Canada)
Companies' Creditors Arrangement Act (Canada)
Bankruptcy -- Canada -- History.
Bankruptcy.
History.
Genre/Form Electronic books.
Electronic books.
History.
Other Form: Print version: Torrie, Virginia. Reinventing bankruptcy law. Toronto ; Buffalo ; London : University of Toronto Press, [2020] 9781487506421 (OCoLC)1127086367
ISBN 9781487534134 (epub)
1487534132 (epub)
9781487534127 (pdf)
1487534124 (pdf)
9781487506421 (cloth)
Standard No. 10.3138/9781487534127