Full 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.
Contents
Introduction: An Untested Federal Power
1 The Voluntary Assignments Case (1894) and Lord Herschell's Dicta
2 Royal Bank of Canada v Larue and the Brave New World of Bankruptcy Law
3 The Companies' Creditors Arrangement Act Reference Case and the Debtor's Financial Condition
4 The Farmers' Creditors Arrangement Act Reference Case and Rehabilitating Debtors
Conclusion: A Modern View of Bankruptcy and Insolvency
Notes; Bibliography; Index of Cases; Index
![LES ETHNIES ONT UNE HISTOIRE - [ACTES DU COLLOQUE, PARIS, 21-22 FEVRIER 1986]](../images/goods/../parts/goods-list/no-phooto.jpg)
