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Reference Re Farmers' Creditors Arrangement Act
''Reference Re Farmers' Creditors Arrangement Act'' is a decision of the Judicial Committee of the Privy Council on the constitutionality of the '' Farmers' Creditors Arrangement Act'' as part of the bankruptcy and insolvency jurisdiction of the Parliament of Canada. Background By 1934, the farm debt problem in Canada, which had been provoked by the Great Depression, reached a scale where provincial moratory legislation could not resolve it, as it could not remove the farmer from his position of default. The last agricultural census reported that 244,201 farms (33.61% of all farms in Canada) reported having mortgages totalling $677,000,000 (16.75% of the value of all farms, or 49% of the value of owned farms). Cash flow problems also resulted in a significant increase in the amount of short-term obligations. It reached the point where Prime Minister R.B. Bennett decided to introduce remedial legislation to address it at the federal level, based in large part on the ''Companies' Cr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, except for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the "Privy Council", the Judicial Committee is only one constitu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ultra Vires
('beyond the powers') is a Latin phrase used in law to describe an act that requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed "valid", and those that are termed "invalid". Legal issues relating to can arise in a variety of contexts: * Companies and other legal persons sometimes have limited legal capacity to act, and attempts to engage in activities beyond their legal capacities may be . Most countries have restricted the doctrine of in relation to companies by statute. * Similarly, statutory and governmental bodies may have limits upon the acts and activities which they legally engage in. * Subordinate legislation which is purported passed without the proper legal authority may be invalid as beyond the powers of the authority which issued it. Corporate law In corporate law, describes acts attempted by a corporation that are beyond the scope of power ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Insolvency Case Law
Canadians () are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity and Canadian values. Canada has also been strongly influenced by its linguistic, geographic, an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Université De Montréal
The Université de Montréal (; UdeM; ) is a French-language public research university in Montreal, Quebec, Canada. The university's main campus is located in the Côte-des-Neiges neighborhood of Côte-des-Neiges–Notre-Dame-de-Grâce on Mount Royal near the Outremont Summit (also called Mount Murray), in the borough of Outremont, Quebec, Outremont. The institution comprises thirteen faculties, more than sixty departments and two affiliated schools: the Polytechnique Montréal (School of Engineering; formerly the École polytechnique de Montréal) and HEC Montréal (School of Business, formerly École des Hautes études commerciales). It offers more than 650 undergraduate programmes and graduate programmes, including 71 doctoral programmes. The university was founded as a satellite campus of the Université Laval in 1878. It became an independent institution after it was issued a papal charter in 1919 and a provincial charter in 1920. moved from Montreal's Quartier Latin, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Club Of Toronto
Canadian Club Toronto, formerly known as The Canadian Club of Toronto, is a non-profit speakers' forum in Toronto, Ontario. It meets several times a month to hear speeches given by invited guests from diverse fields, including politics, law, business, science, media and the arts. History The Canadian Club of Toronto was founded in 1897 to encourage interest in Canadian public affairs. It subsequently developed a role as an opinion-formation vehicle for some of Toronto's most prominent citizens. Speeches were initially given in the evening, but starting in 1902, the club moved to its present lunchtime format. In 1903, several members of the Canadian Club, concerned that the club was not sufficiently opposed to the wave of anti-British sentiment being expressed in the wake of the Alaskan Boundary Tribunal decision, left the Canadian Club to found the more pro-British Empire Club of Canada. In the days before radio and television, the club provided a chance for influential Toronto ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Secured Creditor
A secured creditor is a creditor with the benefit of a security interest over some or all of the assets of the debtor. In the event of the bankruptcy of the debtor, the secured creditor can enforce security against the assets of the debtor and avoid competing for a distribution on liquidation with the unsecured creditors. In most legal systems, secured creditors also have the option of releasing their security and proving in the liquidation Liquidation is the process in accounting by which a Company (law), company is brought to an end. The assets and property of the business are redistributed. When a firm has been liquidated, it is sometimes referred to as :wikt:wind up#Noun, w ..., although, in practice, they would rarely do so. See also * Preferential creditor References {{finance-stub Credit Bankruptcy Insolvency ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property And Civil Rights
Section 92(13) of the ''Constitution Act, 1867'', also known as the property and civil rights power, grants the provincial legislatures of Canada the authority to legislate on: It is one of three key residuary powers in the ''Constitution Act, 1867'', together with the federal power of peace, order and good government and the provincial power over matters of a local or private nature in the province. Extent Provincial jurisdiction over property and civil rights embraces all private law transactions, which includes virtually all commercial transactions. Note that "civil rights" in this context does not refer to civil rights in the more modern sense of political liberties. Rather, it refers to private rights enforceable through civil courts. This power is generally balanced against the federal trade and commerce power and criminal law power. With respect to the former, In the '' Insurance Reference'', Viscount Haldane noted that: It is the most powerful and expansive of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Collateral Attack
''Res judicata'' or ''res iudicata'', also known as claim preclusion, is the Latin term for ''judged matter'', and refers to either of two concepts in common law civil procedure: a case in which there has been a final judgment and that is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) relitigation of a claim between the same parties. In the case of ''res judicata'', the matter cannot be raised again, either in the same court or in a different court. A court will use ''res judicata'' to deny reconsideration of a matter. The doctrine of ''res judicata'' is a method of preventing injustice to the parties of a case supposedly finished but perhaps also or mostly a way of avoiding unnecessary waste of judicial resources. ''Res judicata'' does not merely prevent future judgments from contradicting earlier ones, but also prevents litigants from multiplying judgments. It is similar to the concept of double jeopardy and ''non bis in idem'' in criminal law, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawrence Arthur Dumoulin Cannon
Lawrence Arthur Dumoulin Cannon (April 28, 1877 – December 25, 1939) was a Canadians, Canadian lawyer, politician, and Puisne Justice of the Supreme Court of Canada. Born in Arthabaska Regional County Municipality, Quebec, Arthabaska, Quebec, the son of Lawrence John Cannon and Aurélie Dumoulin, he received a Bachelor of Arts degree in 1896 from Université Laval. In 1899 he received an Bachelor of Civil Law, LL.L also from Université Laval. He was called to the Bar in 1899 and practised law. His brother was Lucien Cannon, a politician and cabinet minister. In 1908, he was elected to the City council of Quebec City, Quebec, Quebec City. In 1916 Quebec general election, 1916, he was elected to the Legislative Assembly of Quebec for the riding of Québec-Centre (provincial electoral district), Québec-Centre as a Liberal Party of Quebec, Liberal. He was re-elected in 1919 Quebec general election, 1919 but was defeated in 1923 Quebec general election, 1923. He returned to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reference Re Companies' Creditors Arrangement Act
''Reference Re Companies' Creditors Arrangement Act'' is a decision of the Supreme Court of Canada on the constitutionality of the ''Companies' Creditors Arrangement Act'' as part of the bankruptcy and insolvency jurisdiction of the Parliament of Canada. Background At the onset of the Great Depression, the Parliament of Canada passed the ''Companies' Creditors Arrangement Act, 1933'' ("CCAA") in order to provide an alternative procedure other than liquidation that could be used by insolvent companies. Charles Cahan, Secretary of State of Canada, said at the bill's first reading, it was necessary “because of the prevailing commercial and industrial depression.” The provinces of Quebec and Ontario disputed the constitutionality of the Act, as they believed it intruded into provincial jurisdiction with respect to property and civil rights. Accordingly, the federal government posed the following reference question to the Supreme Court of Canada: At the Supreme Court of Canada ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roundell Palmer, 1st Earl Of Selborne
Roundell Palmer, 1st Earl of Selborne, (27 November 1812 – 4 May 1895) was an English lawyer and politician. He served twice as Lord High Chancellor of Great Britain. Background and education Palmer was born at Mixbury in Oxfordshire, where his father, William Jocelyn Palmer, was Rector (ecclesiastical), rector. His mother Dorothea was daughter of the Rev. William Roundell of Gledstone Hall, Yorkshire. William Palmer (ecumenist), William Palmer and Edwin Palmer were his brothers. He was educated at Rugby School and Winchester College. Palmer proceeded to the University of Oxford, matriculating from Christ Church, Oxford, Christ Church, moving to Trinity College, Oxford, Trinity College upon winning a scholarship there, and becoming a fellow of Magdalen College in 1834. He graduated BA in 1834 and MA in 1836. While at Oxford he became a close friend of the hymnist and theologian, Frederick William Faber. At Oxford he won the Chancellor's Prize for Latin Verse in 1831, the Ire ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
