Media
Occupy over-indebtedness
The Globe and Mail, December 19, 2011Online
URL: http://www.theglobeandmail.com/opinion/occupy-over-indebtedness/article554783/
Lululemon share prices fell recently after the do-good/feel-good yoga-wear chain printed bags associating the company with the “free market at all costs” philosophy of Ayn Rand. Shareholders had a sense that middle-class consumers might be willing to pay $90-plus for a pair of yoga pants but not if it meant being associated with the controversial author’s individualistic ideology...
Contracts: Cases and Commentaries, Ninth Edition
by Stephanie Ben-Ishai, Associate Professor, David R. Percy, Q.C.
Carswell
The American Bankruptcy Institute Recommendations on Chapter 11: Some Canadian Thoughts
Published by Canadian Business Law Journal
Forthcoming in 2016.
Student Loans and Bankruptcy: Five Years Later
Published by Annual Insolvency Review
2014
Special Issue: Symposium in Honour of John McCamus, Teaching and Scholarship
Published by Osgoode Hall Law Journal
2014 Edited by Stephanie Ben-Ishai and Jamie Cameron.
Report on the Consultation on the Credit Counselling Industry in Canada
Published by Annual Insolvency Review
2013
Reaffirmation of Debt in Consumer Bankruptcy in Canada
Published by Canadian Business Law Journal
2015
Involuntary creditors and corporate bankruptcy
Published by University of British Columbia Law Review
2012 The problem of involuntary creditors in corporate bankruptcy has been long recognized, with little actual effort expended towards solving the matter. 'Instead, the issue of tort, environmental, and tax creditors is typically acknowledged and then swept to the side by ...
URL: http://heinonlinebackup.com/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/ubclr45§ion=15
Government Involvement in CCAA Proceedings: Has Transparency Been Achieved?
Published by Annual Insolvency Review
2015 With Larissa Lucas.
Farm Insolvency in Canada
Published by Journal of the Insolvency Institute of Canada
2013 With Virginia Torrie
Debt or Equity? A Puzzle for Canadian Bankruptcy Law
Published by A Puzzle for Canadian Bankruptcy Law
2012 With the increased sophistication of financial markets and financial instruments, the use of hybrid investments has been on the rise in recent decades. This article considers the question of how Canadian courts have drawn the border between debt and equity in the ...
URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2143389
Debt or Equity? A Puzzle for Canadian Bankruptcy Law
Published by Canadian Business Law Journal
2013 (SSRN Top Ten List)
Credit Counselling in Canada: An Empirical Investigation
Published by Canadian Journal of Law & Society
2014 With Saul Schwartz
Credit Counselling in Canada: An Empirical Examination
Published by Canadian Journal of Law and Society
2014 When debt becomes unmanageable, two options for a consumer debtor in Canada are:(1) enlisting the services of a bankruptcy trustee, and (2) becoming a client of a not-for-profit credit counselling agency. Each of these options is regulated differently and has ...
URL: http://journals.cambridge.org/abstract_S0829320113000331
Contracts Cases and Commentaries, 9th ed
Published by Carswell
2014 "Extensively revised and updated since its previous publication in 2009, Contracts: Cases and Commentaries, 9th Edition continues to be the teaching tool of choice among Canadian contracts professors. This book allows students to learn the law of contracts by firstly gaining a familiarity with the substantive law. Substantive law includes the law relating to the formation of contracts, factors affecting the validity of contracts, and remedies for when a party breaches the contract. A familiarity with these principles will serve as a useful stepping-stone to courses drawing on the general principles of contract law — such as the sale of goods, consumer protection, insurance, real estate transactions, and labour law."
URL: http://www.carswell.com/product-detail/contracts-cases-and-commentaries-ninth-edition/
Canadian Bankruptcy and Insolvency Law: Cases, Texts, and Materials
Published by Osgoode Hall Law School
2015 Authored by leading experts from across the country, the third edition of Canadian Bankruptcy and Insolvency Law: Cases, Text, and Materials provides detailed and cutting edge commentary on all aspects of Canadian bankruptcy and insolvency law. The ...
URL: http://digitalcommons.osgoode.yorku.ca/faculty_books/318/
Canadian bankruptcy and insolvency law : Bill C-55, Statute c. 47 and beyond. Edited by Stephanie Ben-Ishai and Anthony Duggan.
Published by LexisNexis Canada
2007 "Canadian bankruptcy law faces a unique situation. Statute c.47 was enacted in late 2005 but has not yet come into force. The "2007 Amending Bill" now calls for substantial amendments to the Bankruptcy and Insolvency Act, the Companies' Creditors Arrangement Act, and Statute c.47. What exactly do these proposed reforms mean? What influence can parliamentarians, practitioners, and academics exert during this "window period" to change Canadian bankruptcy and insolvency legislation?"
Bankruptcy Intersections in Dwight Newman & Malcolm Thorburn, eds, The Dignity of Law: The Legacy of Justice Louis LeBel
Published by LexisNexis
2015
Bankruptcy Reforms
Published by Thomson Carswell
2008 "On December 14, 2007, Bill C-12, an Act to amend the Bankruptcy and Insolvency Act (BIA), the Companies' Creditors Arrangement Act (CCAA), the Wage Earner Protection Program Act and chapter 47 of the Statutes of Canada, 2005 received Royal Assent. The bill became chapter 36 of the Statutes of Canada, 2007. Chapter 36 means significant changes to the BIA, CCAA, role of the Office of the Superintendent of Bankruptcy, trustees, receivers, monitors, and other stakeholders. This book provides an annotated statutory supplement for the key issues that are addressed in Chapter 36 including: Partly Performed Contracts, Derivatives, Labour Issues [Including the Wage Earner Protection Program Act], Preferences, Gifts and Transfers, Corporate Governance, Cross-Border Insolvencies, BIA and CCAA Interface [includes DIP financing and judicial discretion] and Consumer Bankruptcy Reforms."
Biography
Professor Stephanie Ben-Ishai, a Full Professor at Osgoode Hall Law School, is an internationally-recognized expert on insolvency, corporate governance, and commercial law. A frequent guest speaker, Ben-Ishai has presented her work around the world. She has received the American Bankruptcy Institute Medal of Excellence, SSHRC and Fulbright fellowships. In 2013 Ben-Ishai was the Law Commission of Ontario Scholar in Residence where she continued her research on debt relief. Previously she served as an INSOL International Scholar and was awarded the Osgoode Hall Law School Research Fellowship for her insolvency research. Ben-Ishai’s research has been consistently supported by a range of internal and external grants, including SSHRC Grants. Ben-Ishai has served as the editor of leading Canadian and Australian commercial law journals and is an active member of a number of Canadian and international professional, community and academic boards and committees. She is the author and co-author/co-editor of six books on insolvency and contract law and over 40 articles on insolvency, commercial and corporate law. She has been active in commercial law reform and has been consulted by governments and self-regulatory organizations on insolvency and commercial law matters. Ben-Ishai has also acted as an expert on Ontario and Canadian law. Ben-Ishai is the Academic Director of the LLM in Bankruptcy and Insolvency Law, Co-Academic Director of the LLM in Banking Law and the Academic Director of the Osgoode Small Business Clinic.Research Interests: Corporate/Commercial Law.
Recognition/Reconnaissance
Osgoode Hall Research Fellowships | Professional
The Fellowship provides a professor with one term’s teaching release to allow for greater focus on their research.Professor Ben-Ishai will be completing work on an empirical SSHRC-funded project on the topic of student loan debt. Students will be centrally involved in the analysis of the Canadian case law and will assist with the implementation of experiments.
Additional Titles and Affiliations
Law Commission of Ontario Scholar in Residence
Law Society of Upper Canada (Ontario)
Editorial Board: Journal of the Insolvency Institute of Canada
Canadian International Co-editor Journal of Banking and Finance (Australia)
American Bankruptcy Institute
Research Grants
SSHRC Insight Development Grant 2014-2016
Organization: Social Sciences and Humanities Research CouncilDetails:
2014 An Empirical and Doctrinal Examination of Canadian Student Loan Agreements. [Principal Investigator; Collaborator is Saul Schwartz]
SSHRC Standard Research Grant
Organization: Social Sciences and Humanities Research CouncilDetails:
2010-2013 The Democratization of Debt: An Inquiry into the Provision of Credit to Low-Income Households and Assessment of Their Debt Relief Options. [Principal Investigator; Collaborator is Saul Schwartz]
The Foundation for Legal Research Grant
Organization: The Foundation for Legal ResearchDetails:
2006 Grant for research on Bill C-55 Bankruptcy Reforms.
Schulich School of Business National Research Program in Financial Services and Public Policy Grant
Organization: Schulich School of Business National Research Program in Financial Services and Public PolicyDetails:
2003-2005 Grant for research project entitled, “Effective Governance of Family Controlled Corporations in Canada: A Behavioral and Structural Analysis.” (with Poonam Puri).
Law Commission of Canada Grant
Organization: Law Commission of CanadaDetails:
2005-2006 Grant for project entitled “Enforcing Security Interests and Money Judgments on Reserve” (Lead Researcher).
Law Foundation of Ontario Grant
Organization: Law Foundation of OntarioDetails:
2009 Grant for Organization of the International Academy of Commercial and Consumer Law Meeting in Toronto in July 2010. [Principal Applicant; Co-applicants included Tony Duggan, Benjamin Geva and Jacob Zeigel].
Osgoode Hall Law School Research Leave Fellowship
Organization: Osgoode Hall Law SchoolDetails:
2015
Industry Canada Insolvency Research Initiative Program
Organization: Industry CanadaDetails:
2006 Grant for research project on Access to the Consumer Bankruptcy Process. (Project Leader; Collaborator is Saul Schwartz).
Industry Canada Insolvency Research Initiative Program
Organization: Industry CanadaDetails:
2005 Grant for research project on Comparative Consumer Bankruptcy Issues. (with Saul Schwartz and Iain Ramsay).
Insolvency Institute of Canada Grant
Organization: Insolvency Institute of CanadaDetails:
2006 Insolvency Institute of Canada for Book of Essays on Bill C-55 (with Tony Duggan).
Borden Ladner Gervais Research Fellowship
Organization: Borden Ladner GervaisDetails:
2006 Grant for project entitled “Law, Development and the Mystery of Capital on Aboriginal Reserves”.