Simon Archer, Centre for Research in Comparative Law and Political Economy, Osgoode Hall Law School; York University – Osgoode Hall Law School, has made available for download his article, “Trusts Through the Lens of Insolvency Law,” to be published in the Annual Review of Insolvency Law. The Abstract is as follows:
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.
Posted by Lewis J. Saret, Co-General Editor, Wealth Strategies Journal.