Thursday, January 11, 2018
Simon Archer recently posted an Article entitled, Trusts Through the Lens of Insolvency Law, Wills, Trusts, & Estates Law eJournal (2018). Provided below is an abstract of the Article:
A review of the remedy of deemed trusts in pension law and jurisprudence in Canada, with an emphasis on insolvency proceedings. The argument is made that courts attempt to find ways not to apply the remedy because it unsettles creditors expectations and interests and as a result retirees and employees bear significant risks to pension (and other benefit) reductions in insolvencies.