Bankruptcy and Insolvency Law

Bankruptcy and Insolvency Law Synopsis

This book examines the legal framework that governs bankruptcy and insolvency law in Canada. It is organized in a way that illuminates the structure of insolvency law, its aims and objectives, and its foundational principles. This edition takes into account the recent caselaw on the extensive 2009 amendments to the federal insolvency statutes, and examines several new Supreme Court of Canada decisions. Additionally, new topics, such as the anti-deprivation principle in bankruptcy law and the use of arrangements by insolvent corporations, are introduced. The book will appeal to judges, seasoned insolvency lawyers, and insolvency professionals as well as to students and others new to the field.

The new edition of this book

• takes account of the numerous judicial decisions that have interpreted the 2009 amendments to the federal insolvency statutes;
• discusses the major Supreme Court of Canada decisions on insolvency law rendered over the past five years, including Century Services Inc v Canada (Attorney General) (the exercise of judicial authority under the CCAA); Schreyer v Schreyer (matrimonial property law and bankruptcy); Newfoundland and Labrador v AbitibiBowater Inc (environmental remediation claims); and Sun Indalex Finance, LLC v United Steelworkers (pension rights and fiduciary obligations); and
• contains new sections on important topics including the anti-deprivation rule of bankruptcy law; roll-ups, stalking horse bids, credit bids and third party releases in restructuring proceedings; and the use of Canada Business Corporations Act arrangements by insolvent corporations.