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Thursday, October 30, 2014

New from UTP/Osgoode Society: Ruin and Redemption: The Struggle for a Canadian Bankruptcy Law, 1867-1919, by Thomas Telfer

The latest Osgoode Society book is Ruin and Redemption: The Struggle for a Canadian Bankruptcy Law, 1867-1919, by Thomas Telfer of the Faculty of Law, University of Western Ontario.

Says the Osgoode Society:

Professor Telfer’s deeply researched book shows that between Confederation and 1919, when the federal parliament passed the Bankruptcy Act that remains the basis of the current law, Canadians debated insolvency law with a perhaps surprising amount of passion. The discharge raised deep issues of commercial morality, while arguments about priorities pitted local against regional and national interests. Federalism complicated the story, as it often does in Canadian legal history, as the federal parliament abandoned its jurisdiction over bankruptcy for decades.

Says the U of T Press:

In 1880 the federal Parliament of Canada repealed the Insolvent Act of 1875, leaving debtor-creditor matters to be regulated by the provinces. Almost forty years later, Parliament finally passed new bankruptcy legislation, recognizing that what was once considered a moral evil had become a commercial necessity. In Ruin and Redemption, Thomas GW Telfer analyses the ideas, interests, and institutions that shaped the evolution of Canadian bankruptcy law in this era. Examining the vigorous public debates over the idea of bankruptcy, Telfer argues that the law was shaped by conflict over the morality of release from debts and by the divergence of interests between local and distant creditors. Ruin and Redemption is the first full-length study of the origins of Canadian bankruptcy law, thus making it an important contribution to the study of Canada’s commercial law.

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