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Full-Text Articles in Law
Panel 1: Contract Law, Stephen Waddams, Michael Pratt, Angela Swan, Stephanie Ben-Ishai
Panel 1: Contract Law, Stephen Waddams, Michael Pratt, Angela Swan, Stephanie Ben-Ishai
Stephanie Ben-Ishai
INTRODUCTION: Lorne Sossin, Dean, Osgoode Hall Law School; Stephanie Ben-Ishai, Professor, Osgoode Hall Law School; Jamie Cameron, Professor, Osgoode Hall Law School. PANEL I: CONTRACT LAW: Moderator: Stephanie Ben-Ishai, Professor, Osgoode Hall Law School; Speaker: Stephen Waddams, Professor, Faculty of Law, University of Toronto, "Mistakes in Assumptions"; Speaker: Michael Pratt, Professor, Faculty of Law, Queen's University, "The Intention to Create Legal Relations and Disclaimers"; Discussant: Angela Swan, Counsel, Legal Education, Aird & Berlis LLP.
The Gendered Dimensions Of Social Insurance For The "Non-Poor" In Canada, Stephanie Ben-Ishai
The Gendered Dimensions Of Social Insurance For The "Non-Poor" In Canada, Stephanie Ben-Ishai
Stephanie Ben-Ishai
This article emerges from an exploration of the meanings of consumer bankruptcy in the current context of Canadian society, as well as the role consumer bankruptcy plays in shaping this context. Examining consumer bankruptcy through the lens of gender relations, the claim is made that Canadian consumer bankruptcy legislation, policies, practices, and accompanying discourses are implicated in the causation and perpetuation of the conditions of marginalization and subordination endured by women who experience long-term poverty. These women are affected not only in terms of access to the bankruptcy system, but also by the broader implications of the delivery of consumer …
Proportionate Liability Under The Cbca In The Context Of Recent Corporate Governance Reform: Canadian Auditors In The Wrong Place At The Wrong Time?, Poonam Puri, Stephanie Ben-Ishai
Proportionate Liability Under The Cbca In The Context Of Recent Corporate Governance Reform: Canadian Auditors In The Wrong Place At The Wrong Time?, Poonam Puri, Stephanie Ben-Ishai
Stephanie Ben-Ishai
In the recent Canada Business Corporations Act amendments implementing a proportionate liability scheme, auditors appear to be winners. This is consistent with the trend in the past several years as a result of which Canadian auditors have been successful in narrowing the scope of their liability both through legislation and through common law. Going forward, however, it is fair to say that auditors will be losers unless the accounting profession re-evaluates its role and responsibilities to its stakeholders. Given the accounting and corporate governance scandals North America has witnessed in the past few years, as well as the actual and …
Bank Bankruptcy In Canada: A Comparative Perspective, Stephanie Ben-Ishai
Bank Bankruptcy In Canada: A Comparative Perspective, Stephanie Ben-Ishai
Stephanie Ben-Ishai
During the Great Depression (1930-1933), over 9,000 banks failed in the United States, while not a single bank failed in Canada. In fact, there have been relatively few instances of bank bankruptcy proceedings in Canada from 1867 to present. Approximately eleven bank bankruptcies have been referenced in the case law to date. The first bank bankruptcy appears to be the Bank of Prince Edward Island (1882). Next came the Exchange Bank of Canada (1883), [FN3] followed by the Maritime Bank (1887), the Central Bank of Canada (1887), La Banque Ville Marie (1899), the Farmers Bank of Canada (1910), the Monarch …
Overview Article, Stephanie Ben-Ishai, Tony Duggan
Overview Article, Stephanie Ben-Ishai, Tony Duggan
Stephanie Ben-Ishai
No abstract provided.
Sales Or Plans: A Comparative Account Of The "New" Corporate Reorganization, Stephanie Ben-Ishai, Stephen J. Lubben
Sales Or Plans: A Comparative Account Of The "New" Corporate Reorganization, Stephanie Ben-Ishai, Stephen J. Lubben
Stephanie Ben-Ishai
In this article, Professors Stephanie Ben-Ishai and Stephen Lubben explore the recent surge in popularity of “quick-sales,” essentially the pre-reorganization plan sale of an insolvent debtor’s assets. In their examination of quick sales, the authors use the recent examples of Lehman Brothers and Chrysler to illustrate the popularity and relevance of the pre-plan sales. The authors then move on to a more detailed discussion of the quick sales process in both Canada and the United States, isolating the differences and similarities between both countries, and weighing the costs and benefits of each approach. Ultimately, the authors argue that questions of …
Bankruptcy For The Poor?, Stephanie Ben-Ishai, Saul Schwartz
Bankruptcy For The Poor?, Stephanie Ben-Ishai, Saul Schwartz
Stephanie Ben-Ishai
The conventional wisdom is that the poor are not heavy users of the insolvency system, because creditors are unwilling to take risks on the poor and because many of the poor are judgment-proof. However, credit is now widely available across the spectrum of income groups. In addition, poverty is often a temporary state for many Canadians; therefore, being judgment-proof is likewise temporary. Some of those who are poor at any point in time are in fact in need of bankruptcy protection. They have debts that they are unable to pay and little likelihood of being able to repay in the …