The Annual Review of Insolvency Law 2022 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.
Articles included in this issue include:
- A Reframing of the Corporate Attribution Doctrine in the Bankruptcy and Insolvency Context - Sam Rappos
- Staying Guarantees by Non-debtors and Section 11.04 of the Ccaa - James D Gage and Trevor Courtis
- Split Success? A Cross-country Retrospective on Seeking an Appeal under Section 193 of the Bia - Adrienne Ho
- Going Green? New Interpretations of Redwater from Canada’s Natural Resources Sectors - Jack R Maslen and Tiffany Bennett
- Avoiding the Anti-Deprivation Rule: Drafting Considerations - Catherine Francis
- The Fraudulent Misrepresentation and False Pretences Exception to the Bankruptcy Discharge: Balancing the Debtor’s Fresh Start with Confidence in the Credit System - Jassmine Girgis and Thomas GW Telfer
- The Expansive Scope of a CCAA Court’s Jurisdiction in the Bloom Lake/Wabush CCAA Proceedings: Far Enough or Too Far? - Bernard Boucher, Milly Chow, and Alexia Parente
- Diminished Discretion? A Review of the Supreme Court of Canada’s Decisions in Companies’ Creditors Arrangement Act Matters - Kelly J Bourassa and Claire Hildebrand
- We Don’t Talk About Section 347: An Analysis From a Commercial Perspective - Stephanie Ben-Ishai and Emily Han
- Putting it in Reverse: A Possible Path to US Chapter 15 Recognition of Reverse Vesting Order and Cannabis Filings - Jennifer Stam, Candace Formosa, Daniel Guyder, and Josh Neifeld
- Getting a Seat at the Table: Regulator and Government Actions in Insolvency Proceedings - Chris Simard, Keely Cameron, and Adam Williams
- Getting DAO to Business: Decentralized Autonomous Organizations Under Canadian Insolvency Law - Sam Gabor and Noah Walters
- Court-Appointed Liquidators Pursuant to Corporate Statutes: A Useful Mechanism That Protects All Stakeholders - Virginie Gauthier, Thomas Gertner, and Richard Williams
- Set-Off and Compensation under the BIA/CCAA: From Kitco to SM Group and the Harmonization of Canadian Law - Luc Morin and Arad Mojtahed
- The Hothouse of Real-Time Regulation: Emerging Law Under CCAA Section 11.1 - Jerritt Pawlyk and Kevin Hoy
- More Flexible Than You Think: An Exploration of Creative Uses of the BIA Proposal Regime for Corporate Restructuring - Miranda Spence, Karen Kimel, and Anastasia Jones
- You’re Hot, and You’re Cold, You’re Yes, and You’re No: Conflicting Appellate Decisions Regarding Whether Regulators’ Fines, Penalties, or Restitution Orders Survive Bankruptcy - Haddon Murray and Heather Fisher
- Litigation Trusts in CCAA Proceedings: Guidance on the Use of Trusts to Pursue Claims - Chris Kinnear Hunter and Craig Gilchrist
- Exclusion Principles: Balancing BIA Exemption Entitlements with Creditor Rights - Dana M Nowak and Mandi Deren-Dubé
- Anything You Can Do, I Can Do Better: Does the CCAA Provide Broader Discretionary Relief than the BIA? - Eamonn Watson, Gray Monczka and Jordan Schultz
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