This paper studies the impact of adoption of provisions of the United Nations Commission on International Trade Law (UNCITRAL) Model Law on cross-border insolvency. This paper offers an analysis of the U.S. jurisprudence in regard to Chapter 15 of the United States Bankruptcy Code which has been...

This article focuses on shareholders and whether the current regime affords them adequate protection and participation rights. Recent changes to corporate and securities laws have facilitated the exercise of shareholder voice. These changes are important to capital markets in that they are aimed...

International financial market participants and regulators are watching as the United States attempts to come to grips with the most serious consequences of the crisis in financial markets. Multiple strategies are being used, including bailouts, bank stimulus packages, recapitalization of...

This article explores how Michael Trebilcock's multidimensional and pragmatic approach to the governance issues arising from limited liability in corporate law and the problems of assigning the task of protecting corporate employees to private contracting have widespread application in many...

Particular features of Canada's capital market inform our consideration of moving towards a more proportionate regulatory system. Specifically, Canada has a large number of small public companies; its market cap is concentrated largely in four provinces; it has a particular focus on mining,...

This article suggests that the current challenges for insolvency law in Canada are akin to a maze, a complex multicursal puzzle with choices of path and direction. A maze has complex branching passages through which the solver must find a route. It is distinguishable from a labyrinth, which is a...

This article briefly highlights some recent developments arising out of the interpretation and application of the Companies' Creditors Arrangement Act (CCAA). It is not intended to be an exhaustive analysis of the caselaw; rather, it discusses several judgments rendered in the past year to...