Trusts Through the Lens of Insolvency Law

Annual Review of Insolvency Law, Forthcoming

Posted: 3 Jan 2018  

Simon Archer

Centre for Research in Comparative Law and Political Economy, Osgoode Hall Law School; York University - Osgoode Hall Law School

Date Written: January 2, 2018

Abstract

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.

Keywords: pensions, law, insolvency, trusts

Suggested Citation

Archer, Simon, Trusts Through the Lens of Insolvency Law (January 2, 2018). Annual Review of Insolvency Law, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3095515

Simon Archer (Contact Author)

Centre for Research in Comparative Law and Political Economy, Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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