First open access casebook on Canadian bankruptcy law releases second edition

Bankruptcy and Insolvency Law in Canada: Cases, Materials, and Problems, 2^nd Edition (CanLII, 2024) is the first open access casebook on Canadian bankruptcy law. In the spirit of access to justice, we the editors (Jassmine Girgis, Alfonso Nocilla, and Virginia Torrie) are excited to be able to offer this book through CanLII, a not-for-profit organization that is committed to providing free access to legal information. CanLII has enabled us to offer our book at no cost for the benefit of all, including lawyers, judges, researchers, policymakers, law students, and members of the public.

The first edition, co-edited by Stephanie Ben-Ishai and Thomas G.W. Telfer, was published in 2019 by Irwin Law. Much has changed in the Canadian bankruptcy and insolvency landscape over the past five years. Amendments to the Bankruptcy and Insolvency Act[1] (BIA) and the Companies’ Creditors Arrangement Act[2] (CCAA) have introduced new statutory duties of good faith[3] and economic disclosure[4] in restructuring proceedings, imposed new limits on the scope of relief available under the CCAA,[5] and have added new protections for pensioners,[6] among other recent and pending changes.[7] In addition, the Supreme Court of Canada has rendered landmark decisions in Redwater,[8] Bluberi,[9] Canada North,[10] Chandos,[11] and Poonian,[12] among other cases.  Meanwhile, the jurisprudence continues to evolve rapid with respect to cross-border insolvency issues, interim financing, environmental liabilities, sales, and reverse vesting orders.

This second edition of the casebook includes comprehensive updates to reflect the above changes. We are privileged to have succeeded Profs. Ben-Ishai and Telfer as co-editors for this second edition and to have been joined by several experts who have revised and updated various chapters. These include Colin Jackson of the Schulich School of Law at Dalhousie University, who authored Chapter 7 (BIA Claims) and Chapter 8 (Priority Creditors); Cody Reedman of Reedman Law in Vancouver, who authored Chapter 11 (Consumer Bankruptcy); Vern DaRe of Fogler Rubinoff LLP in Toronto, who authored Chapter 15 (CCAA Plans and Approval) and Chapter 16 (Proposals under the BIA); Justice Chris Simard of the Alberta Court of King’s Bench and Keely Cameron of Bennett Jones LLP in Calgary, who co-authored Chapter 17 (Receiverships); and Maziar Peihani of the Peter A. Allard School of Law at the University of British Columbia, who authored the wholly new Chapter 19 (Financial Institution Insolvency).

Each chapter includes detailed analyses of the relevant statutory rules and leading cases, along with excerpts from scholarly articles that invite readers to consider the principles and policy objectives that animate bankruptcy law, which remains one of the most theoretically rich and technically complex areas of law. Each chapter concludes with problem questions to challenge readers’ understanding and for use in classroom discussions. An instructor’s manual is also available upon request. The online format of the casebook streamlines the process for future updates in addition to making the material easily accessible to a wide audience.

We are delighted to present this second edition of Bankruptcy and Insolvency Law in Canada. We worked on this book with law students, as well as scholars, judges, practitioners and policymakers in mind, and we hope that it will be equally helpful to all. We gratefully acknowledge the work of our contributors, the financial support Western University through an Open Educational Resources Grant from Western Libraries, and our partners at CanLII. The book can be accessed at the following link: https://www.canlii.org/en/commentary/193924/.

- Jassmine Girgis, Alfonso Nocilla & Virginia Torrie

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[1] R.S.C. 1985, c. B-3.

[2] R.S.C. 1985, c. C-36.

[3] BIA section 4.2 and CCAA section 18.6.

[4] CCAA section 11.9.

[5] CCAA sections 11.0001 and 11.2(5).

[6] See Pension Protection Act, S.C. 2023, c. 6. 

[7] See, for example, Bill C-280, An Act to Amend the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act (Deemed Trust – Perishable Fruits and Vegetables).

[8] Orphan Well Association v. Grant Thornton Ltd., 2019 SCC 5.

[9] 9354-9186 Québec inc. v. Callidus Capital Corp., 2020 SCC 10.

[10] Canada v. Canada North Group Inc., 2021 SCC 30.

[11] Chandos Construction Ltd. v. Deloitte Restructuring Inc., 2020 SCC 25.

[12] Poonian v. British Columbia (Securities Commission), 2024 SCC 28.