Instructor(s): Andrew Kent, Tushara Weerasooriya

For graduate students, the course number is LAW2007Y.

Note: The Quercus program will be used for this course. 

This course will involve a study of the Bankruptcy and Insolvency Act, the Companies' Creditors Arrangement Act, and the various insolvency regimes these statutes provide for, including corporate bankruptcy, receiverships, and proposals under the Bankruptcy and Insolvency Act, restructuring and liquidating Companies' Creditors Arrangement Act proceedings, and international insolvencies. 

Considerable emphasis will be placed on (i) understanding the legal, economic and social policies that underlie these regimes, (ii) situating bankruptcy law within the broader context of commercial transactions in Canada and globally, and (iii) identifying some of the practical challenges to implementation of insolvency related remedies. Insolvency law is an important part of the core framework of business law, and one goal of the course is to provide a good conceptual understanding of insolvency law that is of general use.

Evaluation
Students may choose from the following two options: Option A: 3-hour, open book final examination worth 100% (Part 1 and Part 2 each worth 50%). Option B: Students may elect to write a 3,000 word essay for the Insolvency Institute of Canada competition due on the deadline for submission of written work (45%) and an accompanying class presentation (10%). Students who elect to write the essay are also required to complete the exam (Part 1 and Part 2 will each be worth 45%). If students do better on Part 2 of the exam than they do on the essay, their Part 2 mark will count instead of their mark on the essay. Note: Option A is the default evaluation method for this course. Students wishing to select Option B must receive written permission from the course instructors and notify the Records Office by March 1.
Academic year
2022 - 2023

At a Glance

Second Term
Credits
3
Hours
3

Enrolment

Maximum
60

57 JD
3 LLM/SJD/MSL/NDEGS/SJD U

Schedule

M: 11:00 am - 12:20 pm
W: 11:00 am - 12:20 pm