Nov. 19, 2024 - In this issue of Insolvency Now, we report on the data trends we are seeing so far in 2024 compared with when we first started tracking data in 2019. Key Takeaways: Overall, we are seeing a marked increase in filings, but we are not yet seeing the level of sector-specific distress one...
Stephanie Ben-Ishai
Affiliated Scholar
Bar Admissions
- Ontario, 2002
One of Canada’s foremost leaders in the areas of insolvency, contract, corporate governance and commercial law, Stephanie is trusted by clients for her unique blend of academic knowledge and commercial insight.
Clients turn to Stephanie for her deep knowledge of private law issues, primarily in the context of transactions and litigation. A Davies affiliated scholar, she is a York University Distinguished Research Professor and full professor at Osgoode Hall Law School.
Stephanie has greatly contributed to both policy debate and commercial law reform through her research, teaching and service. She is regularly consulted by governments and self-regulatory organizations for her insights into insolvency and commercial law matters. Her work has been cited by every level of Canadian court and she has given expert testimony to Canadian and American courts.
A recognized thought leader both domestically and internationally, Stephanie presents her research and serves as a visiting professor at major law faculties across the globe.
Stephanie Ben-Ishai
Affiliated Scholar
Bar Admissions
- Ontario, 2002
One of Canada’s foremost leaders in the areas of insolvency, contract, corporate governance and commercial law, Stephanie is trusted by clients for her unique blend of academic knowledge and commercial insight.
Clients turn to Stephanie for her deep knowledge of private law issues, primarily in the context of transactions and litigation. A Davies affiliated scholar, she is a York University Distinguished Research Professor and full professor at Osgoode Hall Law School.
Stephanie has greatly contributed to both policy debate and commercial law reform through her research, teaching and service. She is regularly consulted by governments and self-regulatory organizations for her insights into insolvency and commercial law matters. Her work has been cited by every level of Canadian court and she has given expert testimony to Canadian and American courts.
A recognized thought leader both domestically and internationally, Stephanie presents her research and serves as a visiting professor at major law faculties across the globe.
2023 Business Insolvencies in Canada
Mar. 05, 2024 - As we predicted in earlier issues of Davies Insolvency Now, the year 2023 reflected the anticipated increase in business insolvency activity. In this issue, we perform a comparative review of business insolvencies from 2023, examine the fluctuating volume and decreasing asset values, look...
Business Insolvency on the Rise in Canada: Understanding the Role of AI
Oct. 12, 2023 - The first half of 2023 saw a significant increase in business insolvencies as economic sectors responded to uncertain financial conditions in Canada and around the world. In this issue of Davies Insolvency Now, we examine the impact of this rolling recession by sector and region. We also...
Commercial Law Workshop, Queens University, “Avoiding Bankruptcy at High Cost: The Dangers of the Debt Relief Industry”; Kingston, ON
Sept. 23, 2023
Lincoln Alexander School of Law, Lincoln Alexander Law Speaker Series 23/24, “Impoverishing the Consumer: Payday Loans and Financial Law”; Toronto, ON
Sept. 14, 2023
Wharton-Harvard Insolvency and Restructuring Conference, “Bank Bankruptcy in Canada (2.0)”; Philadelphia, PA
Sept. 09, 2023
ADR in Canadian Insolvency Proceedings: An Overview, co-author
May 09, 2023 - Canadian Arbitration and Mediation Journal – Spring 2023
Read the article.
Rolling Into 2023: Mild Slumps and Jumps in Insolvency Numbers
Mar. 09, 2023 - What does a “rolling recession” mean from an insolvency perspective? In this issue of Davies Insolvency Now, we look to the 2022 Q4 data from across Canada for answers. We also set out the court-supervised arrangement process under the Canada Business Corporations Act, an...
Financial Gloom and the Increase in Insolvency Filings
Nov. 16, 2022 - In this issue of Davies Insolvency Now, we highlight the significant data points in rising insolvency filing rates and provide a Canadian lens on the digital asset marketplace. With recent drops in crypto prices severely affecting several digital asset lenders and exchanges, we explore...
Canada’s Shifting Credit and Insolvency Landscapes
July 27, 2022 - In this issue of Davies Insolvency Now, against a backdrop of rising inflation and interest rates, we take a deep dive into the legislation that regulates rates of interest in Canada, drawing on recent court decisions to help parties avoid common pitfalls in structuring deals. We then...
Insolvencies in 2021: A Look Back and the Road Ahead
Apr. 06, 2022 - As government supports recede and the focus shifts toward economic recovery, in this issue of Davies Insolvency Now, we take a deep dive into the implications of 2021 insolvency data for 2022, and explore the Canadian application of two key themes emerging from the 2022 World Development...
International Views: A Canadian Playbook for 2022
Feb. 09, 2022 - In 2022, we expect to see an uptick in restructurings and insolvencies as fiscal protections expire and businesses face continued cash shortfalls, mounting debt obligations, altered consumer behaviours and rising interest rates. Despite these challenges, while we recognize the immeasurable human...
Q2 2021 Insolvencies: Crunching the Numbers and Keeping Good Faith
Oct. 21, 2021 - Most of us have stopped asking, “When will it be over?” and have started wondering how we can live with COVID-19 – and how it will change our behaviour from now on. In the context of restructuring, as we saw during the recent Canadian federal election, bankruptcy and insolvency have become topics...
Davies Restructuring Review 2021: Issue 2
June 17, 2021 - Canada’s economy has continued to fare surprisingly well since we published the first issue of our 2021 Restructuring Review in March, despite continuing pandemic restrictions. However, insolvency-related concerns, such as long-term unemployment and the continued struggles of locked-down...
Davies Restructuring Review 2021: Issue 1
Mar. 02, 2021 - Although 2020 may be behind us, the economic conditions and lockdowns caused by the COVID-19 pandemic still linger. With the emerging picture for Canada in 2021 looking to largely resemble that of 2020, many are wondering how long struggling businesses and their creditors can hold their breath...
Canadian Insolvency Trends in 2020: A Pandemic Year in Numbers
Dec. 17, 2020 - The economic conditions caused by the COVID-19 pandemic are unprecedented: unemployment is up, consumer confidence is down, countless businesses have permanently closed and many others are barely holding on. Yet the number of bankruptcies of individuals and small and medium-sized businesses has...
Davies Governance Insights 2020, contributor
Oct. 05, 2020 - Davies Governance Insights 2020 provides a comprehensive analysis of the trends and developments that have shaped the corporate governance landscape and those that are expected to define the next decade. Against the backdrop of the COVID-19 crisis, this year’s report explores key issues...
CTV’s Your Morning, “Uptick in Canadian Bankruptcy Filings”; Interview
Jan. 09, 2020
Berkeley, University of California, 2017 Canadian Studies Colloquium, “Millennials in Crisis: Myth Busting Millennial Debt Narratives”; Berkeley, CA
Mar. 22, 2017
Payday Lending in Canada: 10 Years Later, co-author
Jan. 30, 2017 - Annual Review of Insolvency Law 2016 (Toronto: Carswell)
Osgoode Hall Law School, Creating Opportunities Summit, “Millennials in Debt”; Toronto, ON
Jan. 16, 2017
Private Lines of Credit for Law Students and Medical Students: A Canadian Perspective, co-author
Jan. 01, 2017 - Banking and Finance Law Review
The American Bankruptcy Institute Recommendations on Chapter 11: Some Canadian Thoughts
Dec. 31, 2016 - Canadian Business Law Journal, Vol. 57, No. 3
Insolvency Institute of Canada, 2016 Conference and Annual Meeting, “The American Bankruptcy Institute Recommendations on Chapter 11: Some Canadian Thoughts”; Southampton, Bermuda
Nov. 04, 2016
IRC Comparative Consumer Overindebtedness, Law & Society 2016 General Meeting, “Private Student Loan Debt of Law, MBA and Medical Students”; New Orleans, LA
June 04, 2016
University of Kent, Kent Law School, “Poor Person’s Bankruptcy – North American Perspectives”; Canterbury, UK
Apr. 28, 2016
Chair and commentator, Osgoode Hall Law School, Osgoode Graduate Students Conference, Policy, Finance and Private Justice Panel; Toronto, ON
Feb. 18, 2016
University of British Columbia Centre for Business Law, Peter A. Allard School of Law, Annual Review of Insolvency Law Conference, “Government Involvement in CCAA Proceedings: Has Transparency Been Achieved?”; Vancouver, BC
Feb. 08, 2016
Government Involvement in CCAA Proceedings: Has Transparency Been Achieved?, co-author
Jan. 31, 2016 - Annual Review of Insolvency Law 2015 (Toronto: Carswell)
Canadian Bankruptcy and Insolvency Law: Cases, Texts and Materials, 3rd ed., co-author
Dec. 31, 2015 - (Toronto: Emond Montgomery Publications)
Brooklyn Law School, senior commentary, “Young Bankruptcy Scholars’ Work-in-Progress Workshop”; New York, NY; Nov. 20 & 21, 2015
Nov. 20, 2015
University of Saskatchewan College of Law, “Millennials in Debt”; Saskatoon, SK
Oct. 26, 2015
Lakehead University, Bora Laskin Law School, “Government Involvement in CCAA Proceedings”; Thunder Bay, ON
Oct. 08, 2015
A Traditionalist’s Take on Bankruptcy Intersections
Aug. 14, 2015 - The Dignity of Law: The Legacy of Justice Louis LeBel (Markham: LexisNexis)
University of Victoria Faculty of Law, “Understanding Student Loans: A Canadian Perspective”; Victoria, BC
June 03, 2015
IRC Comparative Consumer Overindebtedness, Law & Society 2015 General Meeting, “Two Randomized Trials of Student Loan Interventions”; Seattle, WA
May 30, 2015
Reaffirmation of Debt in Consumer Bankruptcy in Canada
Jan. 01, 2015 - Canadian Business Law Journal, Vol. 56, No. 2
University of Helsinki, “Student Loans and Debt Reaffirmation as Obstacles to the Fresh Start”; Helsinki, Finland
Dec. 15, 2014
University of Toronto Faculty of Law, Symposium to Celebrate Justice Lebel, “Bankruptcy Intersections”; Oct. 17 & 18, 2014
Oct. 17, 2014
Osgoode Hall Law School, Osgoode Research Celebration; “Student Loan Research”; Toronto, ON
Oct. 01, 2014
Contracts: Cases and Commentaries, 9th ed., co-author
Aug. 14, 2014 - (Toronto: Carswell)
Symposium in Honour of John McCamus, Teaching and Scholarship, guest editor
May 01, 2014 - Osgoode Hall Law Journal, Vol. 51, No. 3
University of British Columbia Centre for Business Law, Peter A. Allard School of Law, Annual Review of Insolvency Law Conference, “Reflections on Consultation on the Credit Counselling Industry”; Vancouver, BC
Feb. 21, 2014
Student Loans and Bankruptcy: Five Years Later
Jan. 01, 2014 - Annual Review of Insolvency Law (2014)
MAG Lawyers, Continuing Education program, “A Day in the Life of a Consumer Bankrupt in Canada”; Toronto, ON
Nov. 22, 2013
McGill University Faculty of Law, 43rd Annual Workshop on Commercial & Consumer Law, “Current Issues in Bankruptcy Law”; Montreal, QC
Oct. 12, 2013
Credit Counselling in Canada: An Empirical Investigation, co-author
July 22, 2013 - Canadian Journal of Law and Society, Vol. 29, Issue 1
IRC Comparative Consumer Overindebtedness, Law & Society 2013 Conference, “The Socio Legal Aspects of Student Loan Debt in Canada”; Boston, MA
May 31, 2013
Osgoode Hall Law School; Osgoode Professional Development, “Consultation on the Credit Counselling Industry”; Toronto, ON
Mar. 18, 2013
Emory University School of Law, Contract as “Public Law” at the Intersection of Globalization and Privatization workshop, “Credit Counselling in Canada: An Empirical Investigation”; Atlanta, GA
Mar. 02, 2013
University of British Columbia Centre for Business Law, Peter A. Allard School of Law, Annual Review of Insolvency Law Conference, “Best Practices in Consumer Insolvencies”; Montreal, QC
Feb. 07, 2013
Osgoode Hall Law School, Symposium in Honour of Professor John McCamus, “Contract Law Panel Discussion”; Toronto, ON
Feb. 06, 2013
Debt or Equity? A Puzzle for Canadian Bankruptcy Law
Jan. 01, 2013 - Canadian Business Law Journal, Vol. 53, Issue 3
Farm Insolvency in Canada, co-author
Jan. 01, 2013 - Journal of the Insolvency Institute of Canada, Vol. 2 (2013)
Report on the Consultation on the Credit Counselling Industry in Canada
Jan. 01, 2013 - Annual Review of Insolvency Law (2013)
Dalhousie University, Schulich School of Law, 42nd Annual Workshop on Commercial & Consumer Law, “The Future of the CCAA as a Restructuring Vehicle”, Halifax, NS
Oct. 13, 2012
Insolvency Institute of Canada, 2012 Conference and Annual Meeting, “Environmental Issues in Restructuring after Abitibi”; Whistler, BC
Sept. 21, 2012
Osgoode Hall Law School and The Faculty of Law, Bar Ilan University, Critical Reflections on Legal Pluralism in the State and Beyond Joint Symposium, “Debt Relief and Multiple Legal Orders in Canada”; Ramat Gan, Israel
July 01, 2012
IRC Comparative Consumer Overindebtedness, Law & Society Conference, “Access to Financial Services in Canada”; Honolulu, HI
June 08, 2012
National Report for Canada
May 16, 2012 - Commencement of Insolvency Proceedings (Oxford: Oxford University Press)
University of British Columbia Centre for Business Law, Peter A. Allard School of Law, Annual Review of Insolvency Law Conference, “Debtor Assistance and Debt Advice: The Role of the Canadian Credit Counselling Industry”; Vancouver, BC
Feb. 10, 2012
University of British Columbia, Australian/Canadian Meeting on Consumer Bankruptcy, “Stigma and Bankruptcy”; Vancouver, BC
Jan. 17, 2012
Involuntary Creditors and Corporate Bankruptcy, co-author
Jan. 01, 2012 - UBC Law Review, Vol. 45, No. 2
Contracts Cases and Commentaries 8th edition
Aug. 14, 2009 - (Toronto: Carswell)
Canadian Bankruptcy and Insolvency Law: Cases, Texts and Materials, 2nd ed., co-author
Jan. 01, 2009 - (Toronto: Emond Montgomery Publications)
Bankruptcy Reforms 2008
Jan. 01, 2008 - (Toronto: Thomson Carswell)
Canadian Bankruptcy and Insolvency Law: Bill C-55, Statute c.47 and Beyond, co-author
Sept. 30, 2007 - (Toronto: LexisNexis Canada)
Ontario, 2002
Harvard Law School, LLM
Osgoode Hall Law School, LLB
Insolvency Institute of Canada
International Academy of Commercial and Consumer Law
International Women’s Insolvency & Restructuring Confederation
Canadian Law and Economics Association, member and former secretary
Insolvency Institute of Canada, Editorial Board and Advocacy Committee
Stephanie is a visiting scholar at the Lincoln Alexander School of Law, where she engages with faculty on her research, delivers keynote lectures and contributes to the overall teaching and learning experience at the law school. She is also a Catalyst Capital Fellow Visiting Professor in Insolvency Law at Western Law School and a faculty member at the National Judicial Institute.
