What is Wrong With Canadian Insolvency Law: Utilitarianism, the Purpose Error, and the Erosion of the Separation of Powers

Aminollah Sabzevari, Adjunct Professor at the University of British Columbia, examines how the "purpose error" in statutory interpretation has shaped Canadian insolvency law. Using reverse vesting orders and third-party releases as examples, he argues that courts have departed from Parliament's carefully balanced statutory framework in pursuit of abstract purposes and case-specific outcomes, with significant implications for creditor protections and the rule of law.

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