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dc.contributor.supervisor Torrie, Virginia (Law) en_US
dc.contributor.author Davis, Myles
dc.date.accessioned 2019-09-16T14:53:16Z
dc.date.available 2019-09-16T14:53:16Z
dc.date.issued 2019-08-28 en_US
dc.date.submitted 2019-08-28T21:01:59Z en
dc.date.submitted 2019-08-29T05:10:28Z en
dc.identifier.uri http://hdl.handle.net/1993/34276
dc.description.abstract Section 192 of the Canada Business Corporations Act allows corporations to apply to a court of competent jurisdiction for arrangement. An arrangement might include a variety of changes to a corporation, including amendments to its articles of incorporation, exchanges of its securities for property, money, or other assets, or even a merger with another corporation. On its face, subsection 192(3) of the statute should bar such restructuring by arrangement in situations of insolvency. However, as scholars and practitioners have noted, section 192 arrangements, with the purpose of restructuring insolvent corporations, have become commonplace in the last decade. At this juncture it seems appropriate to assess the practical developments, and perhaps new role, of section 192 within the Canadian corporate insolvency system. This thesis analyzes and applies principles of statutory interpretation to help us better understand how the judiciary has the authority to approve insolvent arrangements under section 192. It also involves a recursive legal analysis, tracking the history of jurisprudential evolutions in section 192 interpretation and application. The resulting work is an in-depth study, hopefully useful to legal scholars and practitioners alike, furthering section 192 as part of Canada’s corporate insolvency system and helping us better understand how it became the insolvency restructuring provision it now is today. en_US
dc.rights info:eu-repo/semantics/openAccess
dc.subject Law en_US
dc.subject Insolvency en_US
dc.subject Restructuring en_US
dc.subject CBCA en_US
dc.subject Corporate arrangements en_US
dc.title An addition to Canada’s insolvency regime: section 192 of the Canada Business Corporations Act en_US
dc.type info:eu-repo/semantics/masterThesis
dc.degree.discipline Law en_US
dc.contributor.examiningcommittee Gallant, Michelle (Law) en_US
dc.contributor.examiningcommittee Duggan, Anthony (University of Toronto) en_US
dc.degree.level Master of Laws (LL.M.) en_US
dc.description.note October 2019 en_US


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