Preface to the first edition

• Author: Roderick J. Wood
• Pages: 33-35

xxxiii

PR EFAC E

to the First Edition

There are some who think that in solvency law is a narrow and technical

topic. They are wrong. The breadth of its domain is quite astounding.

A salient characteri stic of insolvency law is that it cuts across almost

every f‌ield of private law. The rights that are created in these other

f‌ields of private law can no longer be vindicated i n the usual forum

through the ordinar y civil process once insolvency proceedings are

commenced. Instead, the right s are enforced through the insolvency

proceedings, and in some case s the nature and characteristics of the

rights are signi f‌icantly transformed. The impact of in solvency law on

social and economic conditions both within Canada and worldwide is

equally breathtak ing. The fate of the Canadian blood supply system,

the future of our national airli nes, the recovery afforded to victims of

institutional abuse, and the survival of entire communities have all

hung in the balance. If by “technical” what is meant is that insolvency

law is sometimes dif f‌icult, well then that wil l be conceded. But who

would reasonably think that it could be otherwise?

One method of organizing a book on insolvency law is to include

chapters that discuss the effects of insolvency law on particular kinds

of legal relationships. This would entail separate chapters dealing with

bankruptcy and family law, bankruptcy and landlord-tenant law, and

the like. The weakness of this mode of organization is th at the animat-

ing principles of insolvency law tend to fade into t he background. I

have chosen to organize this book in a way that wil l illuminate the

structure of insolvency law, its aims a nd objectives, and its founda-