Journal Articles (Law)
Items in this Collection
- 3Wood, Roderick J.
- 1Buckwold, Tamara M.
- 1Cuming, Ronald C.
- 1O'Byrne, Shannon K.
- 1Valsan, Remus D.
- 1Walsh, Catherine
Introduction: This article is concerned with the extent to which one party has a common law duty to disclose information to another, either antecedent to or during the life of a commercial contract.' Though the general rule for contractual negotiations is that there is no duty of disclosure, such...
Introduction: This article focuses on two related lines of judicial reasoning established by decisions of the Courts of Appeal of British Columbia and Saskatchewan in Seaboard Acceptance Corporation Ltd. v. Moen' and Andrew v. FarmStart. The companion issues they raise affect the right of secured...
Introduction: Two critical questions emerge when considering rescue and liquidation in Canadian restructuring law. The first is whether the use of the traditional restructuring to rescue a financially distressed firm has become a thing of the past - whether it is on its way out and being replaced...
Secured transactions law in Canada - Significant achievements, unfinished business and ongoing challengesDownload
Introduction: Secured transactions law in all of Canada's provinces and territories is today consolidated in a modern statutory framework: the Personal Property Security Act (PPSA) in the common law provinces and territories, and the Civil Code regime in Quebec. The road to reform was a long one,...
Introduction: When a firm is on the verge of bankruptcy and the cash is almost gone, Wthe directors of the firm may be tempted to gamble the remaining cash on a very risky venture in hopes of striking it rich. After all, like the characters played by Demi Moore and Woody Harrelson in Indecent...
Introduction: Working out a satisfactory legal analysis of subordination agreements is a slippery business. A subordination agreement involves a contractual modification of the legal rules that ordinarily govern the order of repayment or distribution to creditors or the priority ranking of their...