Stephanie Ben-Ishai

Affiliated Scholar

Stephanie Ben-Ishai

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

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.

Guide

2019 – 2024 Data Trends

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...

Guide

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...

Guide

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...

Speaking Engagement

Commercial Law Workshop, Queens University, “Avoiding Bankruptcy at High Cost: The Dangers of the Debt Relief Industry”; Kingston, ON

Sept. 23, 2023

Speaking Engagement

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

Speaking Engagement

Wharton-Harvard Insolvency and Restructuring Conference, “Bank Bankruptcy in Canada (2.0)”; Philadelphia, PA

Sept. 09, 2023

Article

ADR in Canadian Insolvency Proceedings: An Overview, co-author

May 09, 2023 - Canadian Arbitration and Mediation Journal – Spring 2023
Read the article.

Guide

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...

Guide

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...

Guide

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...

Guide

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...

Guide

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...

Guide

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...

Guide

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...

Guide

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...

Guide

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...

Guide

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...

Speaking Engagement

CTV’s Your Morning, “Uptick in Canadian Bankruptcy Filings”; Interview

Jan. 09, 2020

Speaking Engagement

Berkeley, University of California, 2017 Canadian Studies Colloquium, “Millennials in Crisis: Myth Busting Millennial Debt Narratives”; Berkeley, CA

Mar. 22, 2017

Guide

Payday Lending in Canada: 10 Years Later, co-author

Jan. 30, 2017 - Annual Review of Insolvency Law 2016 (Toronto: Carswell)

Speaking Engagement

Osgoode Hall Law School, Creating Opportunities Summit, “Millennials in Debt”; Toronto, ON

Jan. 16, 2017

Article

Private Lines of Credit for Law Students and Medical Students: A Canadian Perspective, co-author

Jan. 01, 2017 - Banking and Finance Law Review

Article

The American Bankruptcy Institute Recommendations on Chapter 11: Some Canadian Thoughts

Dec. 31, 2016 - Canadian Business Law Journal, Vol. 57, No. 3

Speaking Engagement

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

Speaking Engagement

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

Speaking Engagement

University of Kent, Kent Law School, “Poor Person’s Bankruptcy – North American Perspectives”; Canterbury, UK

Apr. 28, 2016

Speaking Engagement

Chair and commentator, Osgoode Hall Law School, Osgoode Graduate Students Conference, Policy, Finance and Private Justice Panel; Toronto, ON

Feb. 18, 2016

Speaking Engagement

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

Guide

Government Involvement in CCAA Proceedings: Has Transparency Been Achieved?, co-author

Jan. 31, 2016 - Annual Review of Insolvency Law 2015 (Toronto: Carswell)

Guide

Canadian Bankruptcy and Insolvency Law: Cases, Texts and Materials, 3rd ed., co-author

Dec. 31, 2015 - (Toronto: Emond Montgomery Publications)

Speaking Engagement

Brooklyn Law School, senior commentary, “Young Bankruptcy Scholars’ Work-in-Progress Workshop”; New York, NY; Nov. 20 & 21, 2015

Nov. 20, 2015

Speaking Engagement

University of Saskatchewan College of Law, “Millennials in Debt”; Saskatoon, SK

Oct. 26, 2015

Speaking Engagement

Lakehead University, Bora Laskin Law School, “Government Involvement in CCAA Proceedings”; Thunder Bay, ON

Oct. 08, 2015

Guide

A Traditionalist’s Take on Bankruptcy Intersections

Aug. 14, 2015 - The Dignity of Law: The Legacy of Justice Louis LeBel (Markham: LexisNexis)

Speaking Engagement

University of Victoria Faculty of Law, “Understanding Student Loans: A Canadian Perspective”; Victoria, BC

June 03, 2015

Speaking Engagement

IRC Comparative Consumer Overindebtedness, Law & Society 2015 General Meeting, “Two Randomized Trials of Student Loan Interventions”; Seattle, WA

May 30, 2015

Article

Reaffirmation of Debt in Consumer Bankruptcy in Canada

Jan. 01, 2015 - Canadian Business Law Journal, Vol. 56, No. 2

Speaking Engagement

University of Helsinki, “Student Loans and Debt Reaffirmation as Obstacles to the Fresh Start”; Helsinki, Finland

Dec. 15, 2014

Speaking Engagement

University of Toronto Faculty of Law, Symposium to Celebrate Justice Lebel, “Bankruptcy Intersections”; Oct. 17 & 18, 2014

Oct. 17, 2014

Speaking Engagement

Osgoode Hall Law School, Osgoode Research Celebration; “Student Loan Research”; Toronto, ON

Oct. 01, 2014

Guide

Contracts: Cases and Commentaries, 9th ed., co-author

Aug. 14, 2014 - (Toronto: Carswell)

Article

Symposium in Honour of John McCamus, Teaching and Scholarship, guest editor

May 01, 2014 - Osgoode Hall Law Journal, Vol. 51, No. 3

Speaking Engagement

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

Article

Student Loans and Bankruptcy: Five Years Later

Jan. 01, 2014 - Annual Review of Insolvency Law (2014)

Speaking Engagement

MAG Lawyers, Continuing Education program, “A Day in the Life of a Consumer Bankrupt in Canada”; Toronto, ON

Nov. 22, 2013

Speaking Engagement

McGill University Faculty of Law, 43rd Annual Workshop on Commercial & Consumer Law, “Current Issues in Bankruptcy Law”; Montreal, QC

Oct. 12, 2013

Article

Credit Counselling in Canada: An Empirical Investigation, co-author

July 22, 2013 - Canadian Journal of Law and Society, Vol. 29, Issue 1

Speaking Engagement

IRC Comparative Consumer Overindebtedness, Law & Society 2013 Conference, “The Socio Legal Aspects of Student Loan Debt in Canada”; Boston, MA

May 31, 2013

Speaking Engagement

Osgoode Hall Law School; Osgoode Professional Development, “Consultation on the Credit Counselling Industry”; Toronto, ON

Mar. 18, 2013

Speaking Engagement

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

Speaking Engagement

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

Speaking Engagement

Osgoode Hall Law School, Symposium in Honour of Professor John McCamus, “Contract Law Panel Discussion”; Toronto, ON

Feb. 06, 2013

Article

Debt or Equity? A Puzzle for Canadian Bankruptcy Law

Jan. 01, 2013 - Canadian Business Law Journal, Vol. 53, Issue 3

Article

Farm Insolvency in Canada, co-author

Jan. 01, 2013 - Journal of the Insolvency Institute of Canada, Vol. 2 (2013)

Article

Report on the Consultation on the Credit Counselling Industry in Canada

Jan. 01, 2013 - Annual Review of Insolvency Law (2013)

Speaking Engagement

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

Speaking Engagement

Insolvency Institute of Canada, 2012 Conference and Annual Meeting, “Environmental Issues in Restructuring after Abitibi”; Whistler, BC

Sept. 21, 2012

Speaking Engagement

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

Speaking Engagement

IRC Comparative Consumer Overindebtedness, Law & Society Conference, “Access to Financial Services in Canada”; Honolulu, HI

June 08, 2012

Guide

National Report for Canada

May 16, 2012 - Commencement of Insolvency Proceedings (Oxford: Oxford University Press)

Speaking Engagement

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

Speaking Engagement

University of British Columbia, Australian/Canadian Meeting on Consumer Bankruptcy, “Stigma and Bankruptcy”; Vancouver, BC

Jan. 17, 2012

Article

Involuntary Creditors and Corporate Bankruptcy, co-author

Jan. 01, 2012 - UBC Law Review, Vol. 45, No. 2

Guide

Contracts Cases and Commentaries 8th edition

Aug. 14, 2009 - (Toronto: Carswell)

Guide

Canadian Bankruptcy and Insolvency Law: Cases, Texts and Materials, 2nd ed., co-author

Jan. 01, 2009 - (Toronto: Emond Montgomery Publications)

Guide

Bankruptcy Reforms 2008

Jan. 01, 2008 - (Toronto: Thomson Carswell)

Guide

Canadian Bankruptcy and Insolvency Law: Bill C-55, Statute c.47 and Beyond, co-author

Sept. 30, 2007 - (Toronto: LexisNexis Canada)

Bar Admissions

Ontario, 2002

Education

Harvard Law School, LLM
Osgoode Hall Law School, LLB

Professional Affiliations

Insolvency Institute of Canada
International Academy of Commercial and Consumer Law
International Women’s Insolvency & Restructuring Confederation

Community Involvement

Canadian Law and Economics Association, member and former secretary
Insolvency Institute of Canada, Editorial Board and Advocacy Committee

Teaching Engagements

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.

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