Annual Review of Insolvency Law 2018
ISBN/ISSN/Product Number: 978-0-7798-8830-6
Product Type: Book S.O. Annual/biannual/biennial
Anticip. Upkeep Cost: Annual volumes supplied on standing order subscription
Number of Pages: Approximately 1400 pages
Number of Volumes: 1 volume bound
Binding: hardcover
Publication Date: 2019-01-30
Publisher: Carswell
Price: $170.00

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The Annual Review of Insolvency Law is a collection of papers on insolvency issues contributed by practitioners, academics, and the judiciary

Editors: Dr. Janis P. Sarra, LL.B., LL.M., S.J.D. and The Honourable Justice Barbara Romaine

The Annual Review of Insolvency Law 2018 offers a collection of articles from today's experts, both academic and practising. Authors weigh in on the most vital debates, theorize on future implications of current rules and trends, and scrutinize the practical implications of recent proceedings and challenges.

New in this edition

This year’s edition features 26 articles providing a comprehensive analysis of current developments in insolvency law in Canada. The Table of Contents includes:

  • Cindy Cheuk and William Stransky, "Keep Up and Wind Up: Effects of Technological Innovation on Insolvency Law"
  • Micheline Gleixner, "A Canadian Financial Consumer Protection Code: Is Canada Ready for Round Three?"
  • Tevia R M Jeffries, "Contempt Across Canada: Recent Comments on Contempt and Insolvency from Alberta and Prince Edward Island Courts"
  • Signa Daum Shanks and Stephanie Ben-Ishai, "Accommodating Bankruptcy and the Duty to Consult"
  • Guillaume Michaud, "New Frontier: the Emergence of Litigation Funding in the Canadian Insolvency Landscape"
  • Howard A Gorman, John Cassell, Aditya M Badami, “The Priority of Municipal Tax Claims in Receiverships: Addressing a Vexing Issue for the Courts and Practitioners”
  • Anna J Lund and Arooj Shah, "Bankrupt Gamblers: Research Informed Practice for Insolvency Trustees"
  • Gregory Azeff, Stephanie De Caria and Matthew McGuire, "Governing the Ungovernable: Cryptocurrencies in Insolvency Proceedings"
  • Jordan Schultz and Emily LeDue, "Data Dealers: Selling Personal Information in Insolvency Proceedings"
  • Jeremy Opolsky and Jacob Babad, "Not Paid Today and May Not Be Paid Tomorrow: Developments in Post Filing Obligations of CCAA Debtors"
  • Alexis Teasdale, Isabel Langlois, Neil Honess, and Lexi Ng, "Preferring the Powerful: The Treatment of Landlords in Insolvency Proceedings"
  • Matthew Nied and Spencer Toffoli, "It’s Not You, It’s Me: Disclaimer of Contracts in Receivership and CCAA Proceedings"
  • David LeGeyt, Ashley Weldon, Natasha Wood and Brendan Downey, "Uncertain Succession: The Past, Present and Future of Royalties and Vesting in Canadian Insolvency Law"
  • Jeffrey Carhart and Margaret Sims, "Vesting Orders, Appeal Periods and the 2018 Decision of the Ontario Court of Appeal in Third Eye Capital Corporation v Ressources Dianor Inc"
  • Alfonso Nocilla and Vern W DaRe, "The Trouble with Pre-Packs"
  • Edward A Sellers, "Developments and Trends in the Governance of Distressed Enterprises in Canadian Insolvency Proceedings: Who Is Making Critical Decisions?"
  • Andrew J Hatnay, “UFCW v Rose of Sharon: Do Receivers have a Duty to Bargain?”
  • Sarah Hawco, “Kriegman v Dill: Revisiting the Comity Trilogy”
  • Ouassim Tadlaoui, Marc Duchesne, Michel La Roche, Bertrand Giroux and Christian Bourque, "Using the CCAA as a Collection Tool: The Hexagone File Example"
  • Stephanie Wanke, "The Spectre of Conflicts: An Insolvency Lawyer’s Bogeyman"
  • Michael J Hanlon, Vicki Tickle and Emily Csiszar, "Conflicting Case Law, Competing Statutes, and the Confounding Priority Battle of the Interim Financing Charge and the Crown’s Deemed Trust for Source Deductions"
  • Randal S Van de Mosselaer and Emily Paplawski, "Oil and Gas Joint Operations and Insolvency: Who’s In Charge Here Anyway?"
  • Janis Sarra, "Flotsam, Financing and Flotation: Is Canada ‘Resolution Ready’ for Insurance Company Insolvency?" / Janis Sarra, « Épaves, financement et flottement : Le Canada est-il prêt pour la résolution des sociétés d’assurance insolvables? »
  • Sean Zweig and Preet K Bell, "The Expanded Use of the CBCA in Debt Restructurings"
  • Maziar Peihani, "Orderly Resolution of Too-Big-To-Fail Banks: An Elusive Objective for International Law?"
  • Luc Morin and Arad Mojtahedi, “What Did You Expect? Equity Claims, Shareholders and the Insolvent Corporation”
About the Author
Dr. Janis P. Sarra is Professor of Law, University of British Columbia Faculty of Law, Vancouver, Canada. She received her LL.B., LL.M. and S.J.D. at the Faculty of Law, University of Toronto, and a B.A. and M.A. in political economy, also from University of Toronto. She holds the Honourable Lloyd Houlden Fellowship for 2007-2008. She served as Associate Dean of the Faculty of Law from 2003 to 2007 and was Senator of the University from 2003 to 2008. In 2004, she was awarded title of Distinguished University Scholar for her scholarship in corporate and securities law. Dr. Sarra teaches corporate finance, commercial insolvency law, corporate law, securities law, contract law and law and economics at the UBC Faculty of Law. Dr. Sarra was one of two INSOL International Scholars for 2006-2007 and was awarded the UBC Alumni Research Award in 2007.

Madam Justice Barbara Romaine is with the Alberta Court of Queen's Bench. She was appointed to the Court of Queen’s Bench in 1997. She is a graduate of the University of Alberta, (B.A. 1971; LL.B, 1974) and was called to the bar of Alberta in 1975. Justice Romaine practiced as a corporate and commercial solicitor for 23 years. Prior to her appointment, she was a partner with the Calgary office of McCarthy Tétrault, involved primarily with national and inter-national project development and financing. She was a Bencher of the Law Society of Alberta from 1990 to 1997, serving as President in 1997. Justice Romaine is one of the judges of the Court assigned to commercial insolvency and complex commercial matters. Justice Romaine is a member of the Editorial Advisory Board of the Annual Review of Insolvency Law. She is an International Judicial Affiliate member of the U.S. National Conference of Bankruptcy Judges and a member of the International Insolvency Institute, INSOL International, GRIP 21 and the International Women’s Insolvency and Restructuring Confederation. She has participated as a faculty member and panelist in a number of programs for the National Judicial Institute and as a panelist at various commercial insolvency-related seminars and programs.