Preface

• Author: Stephanie Ben-Ishai/Thomas GW Telfer/Jassmine Girgis/Anna Lund/Alfonso Nocilla/Virginia Torrie
• Pages: 19-20

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Preface

Bankruptcy and Insolvency Law in Canada: Cases, Materials, and Problems represents a new

approach for a law school casebook. The work is accompanied by a separate teacher’s manual

(Bankruptcy and Insolvency Law in Canada: Teaching Materials) that contains full answers to

the problems at the end of each chapter in the casebook. In addition, a companion graphic

manual (Bankruptcy and Insolvency Law in Canada: A Visual Guide) has been published to

assist readers with bankruptcy and insolvency law’s underlying concepts. The casebook

comprises eighteen chapters from six dierent Canadian law professors; covers the Bank-

ruptcy and Insolvency Act (BIA) and the Companies’ Creditors Arrangement Act (CCAA) and

related provincial statutes; and includes recent developments in both personal and corpor-

ate insolvency law.

Five recent Supreme Court of Canada decisions are contained in the volume: 407 ETR

Concession Co v Canada (Superintendent of Bankruptcy),  SCC  and Alberta (Attorney

General) v Moloney,  SCC  (dealing with the discharge and federalism); Saskatchewan

(Attorney General) v Lemare Lake Logging Ltd,  SCC  (receiverships and federalism);

Wilson v Alharayeri,  SCC  (director liability and the oppression remedy); and Orphan

Well Association v Grant Thornton Ltd,  SCC  (environmental liabilities).

In addition, there have been signicant developments from the provincial appellate

courts. We have included three recent appellate decisions on personal insolvency: Charles v

Hernandez Becerra,  SKCA  (dealing with exempt property); Conforti (Re),  ONCA

 (surplus income); Canada (Attorney General) v Collins,  NLCA  (student loans

and the discharge). Five leading appellate cases on the CCAA have also been incorporated

into the casebook: 8640025 Canada Inc (Re),  BCCA  (dealing with the monitor); US

Steel Canada Inc (Re),  ONCA  (equitable subordination); Pacer Construction Hold-

ings Corporation v Pacer Promec Energy Corporation,  ABCA  (claims); 8640025 Canada

Inc (Re),  BCCA  (sales); Callidus Capital Corporation v 9354-9186 Québec Inc (Bluberi

Gaming Technologies Inc),  QCCA  (approval of plan).

On  April  the federal government introduced Bill C-,An Act to implement certain

provisions of the budget tabled in Parliament on March 19, 2019 and other measures. At the time

of writing, Bill C- has passed the House of Commons and is awaiting third reading in the

Senate, making it likely that the bill will become law. Bill C- includes proposed amendments

to both theBIA and theCCAA. If Bill C- becomes law, it will institute a new provision

requiring all parties in a proceeding under either statute to act in good faith. TheBIAamend-

ments will also allow courts to inquire into certain payments made tointer aliadirectors or

oces of a corporation in the year preceding insolvency and impose liability on directors

of corporations in respect of those payments. The CCAAamendments will limit relief under

initial orders to that which is “reasonably necessary” to the continued operations of the

debtor and limit the time period of the initial stay of proceedings to ten days. Furthermore,