Support H-Net | Buy Books Here | Help Support the NBN and NBN en Español on Patreon | Visit New Books Network en Español!
- African Studies
- African American Studies
- American Politics
- American Studies
- American South
- American West
- Asian American Studies
- Australian and New Zealand Studies
- British Studies
- Canadian Studies
- Caribbean Studies
- Central Asian Studies
- Chinese Studies
- East Asian Studies
- Eastern European Studies
- European Politics
- French Studies
- German Studies
- Iberian Studies
- India Studies
- Indian Ocean World
- Iranian Studies
- Irish Studies
- Israel Studies
- Italian Studies
- Japanese Studies
- Korean Studies
- Latino Studies
- Latin American Studies
- Mexican Studies
- Middle Eastern Studies
- Native American Studies
- Pacific Studies
- Polish Studies
- Russian and Eurasian Studies
- Southeast Asian Studies
- South Asian Studies
- Turkish Studies
- Ukrainian Studies
- Western European Studies
- World Affairs
- Animal Studies
- Anthropology
- Archaeology
- Business, Management, and Marketing
- Media
- Critical Theory
- Disability Studies
- Drugs, Addiction and Recovery
- Education
- Economics
- Finance
- Geography
- Gender Studies
- Genocide Studies
- Higher Education
- Human Rights
- Journalism
- Language
- Law
- LGBTQ+ Studies
- National Security
- Philanthropy
- Philosophy
- Policing, Incarceration, and Reform
- Political Science
- Politics & Polemics
- Public Policy
- Sex, Sexuality, and Sex Work
- Sociology
- Sound Studies
- Sports
- Urban Studies
- Big Ideas
- Celebration Studies
- Co-Authored
- Cover Story
- Historical Materialism
- History Ex Silo
- Interpretive Political and Social Science
- Invested Investor
- Landscape Architecture
- Late Antiquity
- Mormonism
- NBN Book of the Day
- NBN Seminar
- Postscript: Conversations on Politics and Political Science
- Practical History
- Preparing for Life After Grad School
- Psychology and Climate Change
- Syriac Studies
- The Chair: In The Room at the Fed
- New Books with Miranda Melcher
Jan 11, 2021
Reinventing Bankruptcy Law
A History of the Companies’ Creditors Arrangement Act
Summary
Reinventing Bankruptcy Law: A History of the Companies’ Creditors Arrangement Act (University of Toronto Press, 2020) 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.