The Supreme Court of Canada’s 2019 decisions Orphan Wells and Desgagnés both have important implications for the application and practice of bankruptcy law and maritime law, respectively. In both cases, the Court found no conflict between the federal and provincial legislation at issue. Both decisions have provoked significant academic-and practitioner-led critiques, and have illustrated key themes within the division of power analysis in the private law context.
"The Supreme Court on Federalism, Bankruptcy and Maritime Law."
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
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