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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
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Ruin and Redemption: The Struggle for a Canadian Bankruptcy Law, 1867-1919


ISBN13: 9780802093431
Published: October 2014
Publisher: University of Toronto Press
Country of Publication: Canada
Format: Hardback
Price: £45.99



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In 1880 the federal Parliament of Canada repealed the Insolvent Act of 1875, leaving debtor-creditor matters to be regulated by the provinces. Almost forty years later, Parliament finally passed new bankruptcy legislation, recognizing that what was once considered a moral evil had become a commercial necessity.

In Ruin and Redemption, Thomas GW Telfer analyses the ideas, interests, and institutions that shaped the evolution of Canadian bankruptcy law in this era. Examining the vigorous public debates over the idea of bankruptcy, Telfer argues that the law was shaped by conflict over the morality of release from debts and by the divergence of interests between local and distant creditors. Ruin and Redemption is the first full-length study of the origins of Canadian bankruptcy law, thus making it an important contribution to the study of Canada's commercial law.

Subjects:
Legal History, Other Jurisdictions , Canada
Contents:
Illustrations
Tables
Abbreviations
Preface
Chapter 1: Ideas, Interests, and Institutions

PART I 1867-1880
Chapter 2: The Constitutional and Legislative History 1867-1880
Chapter 3: The Rise and Fall of Bankruptcy Law 1867-1880: The Equitable Distribution of Assets
Chapter 4: The Repeal of Bankruptcy Law 1867-1880: The Discharge
Chapter 5: The Role of Institutions 1867-1880

PART II 1880-1903
Chapter 6: Living With Repeal and the Failure of Federal Reform: 1880-1903
Chapter 7: The Constitutional Question and the Impact of Federalism: 1880-1903
Chapter 8: The Bankruptcy Law Debates: 1880-1903 PART III 1903-1919
Chapter 9: Reform Achieved: The Bankruptcy Act of 1919
Chapter 10: Conclusion

Appendix to Chapter 6
Bibliography