Reinventing Bankruptcy Law : A History of the Companies’ Creditors Arrangement Act /
Torrie, Virginia
Reinventing Bankruptcy Law : A History of the Companies’ Creditors Arrangement Act / Virginia Torrie. - 1 online resource (312 p.)
Frontmatter -- Contents -- Figures and Table -- Foreword -- Acknowledgments -- Abbreviations -- 1. Historical Institutionalism and the Recursivity of Law -- PART ONE. Traditions and Emerging Practices, 1920s–1950s -- 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 -- PART TWO. Transforming CCAA Law, 1970s–2000s -- 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 -- Notes -- Bibliography -- Index
restricted access http://purl.org/coar/access_right/c_16ec
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 – leading to the conclusion that contemporary CCAA courts function like a modern day Court of Chancery. 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.
Mode of access: Internet via World Wide Web.
In English.
9781487506421 9781487534127
10.3138/9781487534127 doi
2020455072
Bankruptcy--History.--Canada
Faillite--Histoire.--Canada
HISTORY / Canada / General.
CCAA. bankruptcy and insolvency. bankruptcy. companies’ creditors arrangement act. corporate insolvency. corporate law. corporate restructuring. history of bankruptcy in Canada. insolvency. recursivity of law.
KE1518.C6 / T67 2020 KE1518.C6 / T67 2020
346.7107/8
Reinventing Bankruptcy Law : A History of the Companies’ Creditors Arrangement Act / Virginia Torrie. - 1 online resource (312 p.)
Frontmatter -- Contents -- Figures and Table -- Foreword -- Acknowledgments -- Abbreviations -- 1. Historical Institutionalism and the Recursivity of Law -- PART ONE. Traditions and Emerging Practices, 1920s–1950s -- 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 -- PART TWO. Transforming CCAA Law, 1970s–2000s -- 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 -- Notes -- Bibliography -- Index
restricted access http://purl.org/coar/access_right/c_16ec
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 – leading to the conclusion that contemporary CCAA courts function like a modern day Court of Chancery. 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.
Mode of access: Internet via World Wide Web.
In English.
9781487506421 9781487534127
10.3138/9781487534127 doi
2020455072
Bankruptcy--History.--Canada
Faillite--Histoire.--Canada
HISTORY / Canada / General.
CCAA. bankruptcy and insolvency. bankruptcy. companies’ creditors arrangement act. corporate insolvency. corporate law. corporate restructuring. history of bankruptcy in Canada. insolvency. recursivity of law.
KE1518.C6 / T67 2020 KE1518.C6 / T67 2020
346.7107/8