This course deals at an advanced level with the legal principles and practical aspects of the granting of credit and the taking of security by Canadian financial institutions, having regard to the security provisions in the Canadian Bank Act and the personal property security legislation now in force in various provinces. The first half of the course deals with the creation, perfection, priorities and enforcement of security interests outside bankruptcy. The second half focuses on the treatment of security interests in bankruptcy under the Canadian Bankruptcy and Insolvency Act, and in particular in light of the 1992 amendments to the Bankruptcy and Insolvency Act and the provisions of the Companies’ Creditors Arrangement Act. Particular attention will be paid to the secured creditor’s position in the reorganizations of insolvent businesses, and the role of privately appointments receivers in the enforcement of security interests.

Pre/anti-requisites

Pre-requisite For students outside the BFSL specialization: BFSL 6800: Introductory course I: Introduction to Financial Services Law or Demonstrated foundational knowledge of Canadian bankruptcy and insolvency law concepts.

NCA equivalence:

N/A

Terms Offered

Winter 23

Video conference only

Course Section: M

3.0 credits

Winter 25

Video conference available

Course Section: M

3.0 credits

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