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University of Toronto

1. Chaput, Nicolas. Environmental Clean-up in Bankruptcy and Insolvency: What Priority for the Environment?.

Degree: 2012, University of Toronto

The lack of clarity of Canadian insolvency legislation with respect to the treatment of environmental claims has left Canadian courts wondering whether they should advance the public order policies embodied in the environmental legislation or promote creditors' interests and the private relief afforded by bankruptcy. This thesis examines the state of the law on the question and provides a critical assessment of the legislation and the relevant case law. The author points to the flaws of the legislation and its judicial interpretation, while uncovering the underlying reasons for the existence of such a confused body of jurisprudence. Building on these findings, the author proposes a reform of the insolvency legislation that would uphold the protection of the environment as a fundamental value in Canadian society.

MAST

Advisors/Committee Members: Green, Andrew, Law.

Subjects/Keywords: Bankruptcy; Insolvency; Environment; Companies' Creditors Arrangement Act; Bankruptcy and Insolvency Act; Priority; AbitibiBowater; General Chemical; Panamericana; 0398

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

Chaput, N. (2012). Environmental Clean-up in Bankruptcy and Insolvency: What Priority for the Environment?. (Masters Thesis). University of Toronto. Retrieved from http://hdl.handle.net/1807/33370

Chicago Manual of Style (16th Edition):

Chaput, Nicolas. “Environmental Clean-up in Bankruptcy and Insolvency: What Priority for the Environment?.” 2012. Masters Thesis, University of Toronto. Accessed March 30, 2020. http://hdl.handle.net/1807/33370.

MLA Handbook (7th Edition):

Chaput, Nicolas. “Environmental Clean-up in Bankruptcy and Insolvency: What Priority for the Environment?.” 2012. Web. 30 Mar 2020.

Vancouver:

Chaput N. Environmental Clean-up in Bankruptcy and Insolvency: What Priority for the Environment?. [Internet] [Masters thesis]. University of Toronto; 2012. [cited 2020 Mar 30]. Available from: http://hdl.handle.net/1807/33370.

Council of Science Editors:

Chaput N. Environmental Clean-up in Bankruptcy and Insolvency: What Priority for the Environment?. [Masters Thesis]. University of Toronto; 2012. Available from: http://hdl.handle.net/1807/33370

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