Following are this week’s summaries of the Court of Appeal for Ontario for the week of April 15, 2024.
Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of January 15, 2024.
Good afternoon. Following are this week’s summaries of the Court of Appeal for Ontario for the week of December 18, 2023.
Following are this week’s summaries of the Court of Appeal for Ontario for the week of September 4, 2023.
In AssessNet Inc. v. Ferro Estate, the Court set aside an order dismissing the action, finding that the summary judgment motion judge had erred in determining the issue of discoverability of a claim against a trustee in bankruptcy.
Torgersrud v Lightstone is a family law decision where the Court dismissed an appeal from an order setting aside a marriage contract entered into in Quebec in 1988.
Good afternoon. Following are this week’s summaries of the Court of Appeal for Ontario for the week of August 28, 2023.
I hope everyone is enjoying the last long weekend of the summer.
Chippewas of Nawash Unceded First Nation v. Canada (Attorney General) is a 125-page decision dealing with the claim of the Saugeen Ojibway Nation to submerged lands in Lake Huron and Georgian Bay. The claim was mostly unsuccessful.
Following are this week’s summaries of the Court of Appeal for Ontario for the week of July 17, 2023.
Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of May 22, 2023.
Following are our summaries of the civil decisions of the Ontario Court of Appeal for the week of April 24, 2023.
我国现行的《环境保护法》、《民法典》侵权责任编、《企业破产法》以及最高人民法院相关司法解释对于追究企业的环境侵权民事责任作出了相应的规定,但对于企业破产阶段的环境侵权之债的清偿顺序问题,并未作出明确规定,如果仅将其作为普通债权进行处理,往往导致企业的环境债务无法得到清偿。在此前提下,破产程序中的环境债务问题已引起司法部门高度重视。2022年11月4日,贵阳市中级人民法院出台的《贵阳市中级人民法院关于审理企业破产案件中涉生态环境问题处理的工作指引》,体现出法院不断强化环境保护司法力度的趋势;2023年2月,最高人民法院发布的推进碳达峰碳中和典型案例四“杭州某球拍公司破产清算案”[1],将案涉危废物处置费用作为破产费用列支,充分反映出司法对生态环境保护愈加强化。
破产企业环境债务与职工债务、税务债务一样,均具有社会性、公益性的特殊性质,同时环境债务所承载的环境治理长远性意义尤甚。因此,破产企业环境债务的清偿问题亟待厘清。
一、企业破产程序中的环境债务
(一)环境债务的形成
Following are this week’s summaries of the civil decisions of Court of Appeal for Ontario for the week of March 27 to 31, 2023. There were only two substantive decisions. One was a commercial leasing matter, and the other was a receivership matter.
Table of Contents
Civil Decisions
Jagtoo & Jagtoo, Professional Corporation v. Grandfield Homes Holdings Limited, 2023 ONCA 214