University of Toronto Press
Ruin and Redemption
About this book
Ruin and Redemption is the first full-length study of the origins of Canadian bankruptcy law, making it an important contribution to the study of Canada’s commercial law.
Author / Editor information
Thomas G. W. Telfer is a professor in the Faculty of Law at Western University.
Reviews
‘This is an excellent piece of scholarship.’
Charles J. Tabb:
‘Once established in the aftermath of the First World War, federal bankruptcy legislation in Canada has almost certainly become a permanent part of the economic landscape. Telfer’s monumental study is the definitive explanation for how that important sea change came to pass.’
Roderick J. Wood:
‘Tom Telfer deserves our congratulations for shining a light on what until now was an obscure and little-known episode in our legal history.’
Sean Tessarolo:
‘Law students, professors, and those interested in Canadian history generally can all take away something of value from this book. Telfer’s analysis is easy to follow…. No legal background is required to derive insight from reading this book.’
Daniel Simeone:
‘Ruin and Redemption is a valuable addition to the excellent catalogue of the Osgoode Society for Canadian Legal History. It helps historians to better understand the legal structures involved in the regulation of debt and obligation.’
Iain Ramsay, Kent Law School, University of Kent:
“Ruin and Redemption is a significant contribution to the history of Canadian bankruptcy law. It demonstrates skilfully how ideas and interests, and the institutional structures which shaped them, contributed to Canada rejecting bankruptcy law in 1880 and not passing a national statute until 1919. Scholars from a variety of disciplines interested in comparative analysis of bankruptcy law development will benefit from reading this book.”
Tamara Buckwold, Faculty of Law, University of Alberta:
“It is rare to find a work on commercial law that animates the law and its history by drawing insight from political debate, social context and commentary, economic analysis and literature, as well as legislation, case law, and parliamentary records. Ruin and Redemption is a valuable addition to the legal and historical literature on insolvency law.”
Topics
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Frontmatter
i -
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Contents
ix -
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Illustrations, Figures and Tables
xi -
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Abbreviations
xiii -
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Foreword
xv -
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Preface
xvii -
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1. Ideas, Interests and Institutions
1 - Part One. 1867–1880
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2. Constitutional and Legislative History 1867–1880
21 -
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3. The Rise and Fall of Bankruptcy Law 1867–1880: The Equitable Distribution of Assets
32 -
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4. The Repeal of Bankruptcy Law 1867–1880: The Discharge
58 -
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5. The Role of Institutions 1867–1880
81 - Part TWO. 1880–1903
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6. Living with Repeal and the Failure of Federal Reform 1880–1903
101 -
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7. The Constitutional Question and the Impact of Federalism 1880–1903
116 -
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8. The Bankruptcy Law Debates 1880–1903
127 - Part THREE. 1903–1919
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9. Reform Achieved: The Bankruptcy Act of 1919
145 -
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10. Conclusion
174 -
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Notes
187 -
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Bibliography
261 -
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Index
289