Halsbury's Laws of Canada – Receivers and Other Court Officers / Restitution

Publisher: LexisNexis Canada
Format::  Book, 2
ISBN:: 9780433460879


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Receivers and Other Court Officers
E. Patrick Shea, B.A., LL.B., C.S.

This important title provides a thorough examination of the duties, powers and responsibilities of receivers, liquidators, trustees and other court officers, by outlining the statutory regimes governing their functions. With its accessible framework and superior analysis, it is an imperative resource for corporate and insolvency law practitioners.


Kevin P. McGuinness, LL.B., LL.M., S.J.D.

A number of Supreme Court of Canada decisions affirm restitution's role in preventing "unjust enrichment" in a wide variety of contexts, including tort and contract law proceedings. Moving beyond theoretical maxims, this title imparts a practical understanding of the restitution law. Topics covered include: context and grounds for restitutionary relief, claims against government, proprietary and monetary remedies, and defences to restitutionary claims.


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Table of Contents

Receivers and Other Court Officers

I. Receivers
II. Liquidators
III. Construction Lien Trustees and Receivers
IV. Proposal Trustees
V. Consumer Proposal Administrators
VI. Monitors
VII. Inspectors
VIII. Foreign Representatives and Information Officers


I. Introduction
II. The Principled Approach
III. Unjust Enrichment
IV. Juristic Reason
V. The Context of Restitutionary Relief
VI. Grounds for Relief
VII. Claims Against Government
VIII. Proprietary Remedies
IX. Monetary Remedies
X. Defences to a Claim in Restitution


E. Patrick Shea, B.A., LL.B., C.S. & Kevin P. McGuinness, LL.B., LL.M., S.J.D.

Receivers and Other Court Officers

E. Patrick Shea, B.A., LL.B., C.S., is a partner in Gowlings' Toronto office, practising in the area of commercial law with a particular focus on the areas of bankruptcy and insolvency. A certified specialist in bankruptcy and insolvency law, Mr. Shea has acted for a variety of clients in large corporate restructuring and insolvency matters in the entertainment, retail, automotive, airline, food and beverage, pharmaceutical and other industrial sectors. He is a member of the Executive for the Ontario Bar Association's Bankruptcy and Insolvency Section and the Canadian Bar Association's National Bankruptcy and Insolvency Section, and he has advised the Canadian government on insolvency law reform.


Kevin P. McGuinness, LL.B., LL.M., S.J.D., is an Ontario lawyer with more than 30 years experience and is Counsel in the Crown Law Office of the Ontario Ministry of the Attorney General. His principal areas of practice include corporate commercial law and debtor-creditor remedies. Previously, he has taught law in Canada, England and Australia and worked in various legal capacities in both provincial and municipal government, private practice and as in-house counsel to major corporations. He is the author or co-author of more than 30 legal texts, including Canadian Business Corporations Law, 2nd Edition, Canadian Civil Procedure Law, 2nd Edition (with Master Linda Abrams), and the Business Corporations and Guarantee and Indemnity titles for Halsbury's Laws of Canada.

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