Published: 2021-06-30

The Enforcement of Environmental Damages Judgement as a Basis for Piercing the Corporate Veil within a Corporate Group

Tomasz Tomczak Logo ORCID

Abstract

The present article, on the basis of the high-profile Chevron case, rethinks the principle of corporate veil within a corporate group. It tries to convince the reader that a plaintiff holding an environmental damages judgement should be able to enforce it against any company in the corporate group of defendant regardless of the fact that such company was not a defendant in the underlying action (the new test). To attain this goal, firstly, the basic notions as an “environmental damages judgement,” a “corporate group,” and “the corporate veil” are explained. The article then elaborates on the importance of the corporate veil principle. Furthermore, it describes what would currently constitute a potential ground for piercing of the corporate veil in Canada. Later on, it provides a three-level justification for why the veil, in the described circumstances, should be pierced. Finally, the new test regarding piercing the corporate veil is proposed.

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Citation rules

Tomczak, T. (2021). The Enforcement of Environmental Damages Judgement as a Basis for Piercing the Corporate Veil within a Corporate Group. Problemy Prawa Prywatnego Międzynarodowego (“Problems of Private International law”), 28, 197–234. https://doi.org/10.31261/PPPM.2021.28.07

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Vol. 28 (2021)
Published: 2021-06-30


ISSN: 1896-7604
eISSN: 2353-9852
Ikona DOI 10.31261/PPGOS

Publisher
Wydawnictwo Uniwersytetu Śląskiego | University of Silesia Press

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