Is a pension fund a trust fund?

British Columbia, Canada


The following excerpt is from Yates v. Air Canada and Daveluy, 2004 BCSC 3 (CanLII):

In Schmidt v. Air Products Canada Ltd., 1994 CanLII 104 (SCC), [1994] 2 S.C.R. 611 it was stated that a pension fund will be a trust fund: If there has been some express or implied declaration of trust, and an alienation of trust property to a trustee for the benefit of the employees then the pension fund will be a trust fund (at p. 654).

Other Questions


Is a spouse entitled to receive a pension benefit from the Pension Corporation of BC Pension Corporation? (British Columbia, Canada)
Can beneficiaries of a trust terminate the trust and have the trust property transferred to them? (British Columbia, Canada)
Is a trustee liable for any loss to the trust estate if the trust funds were left uninvested for an unreasonable amount of time? (British Columbia, Canada)
When the BCLRC recommended that the distinction between express and constructive trusts be abolished for limitation purposes, does the distinction take into account the remedial constructive trust? (British Columbia, Canada)
Is a partner or a former partner of a partner able to hold assets acquired with their partner's funds in trust? (British Columbia, Canada)
What is a constructive trust and what is the test for such a trust? (British Columbia, Canada)
Can a stranger to a trust be found liable for knowingly participating in a fraudulent breach of trust? (British Columbia, Canada)
Can a lawyer be found guilty of professional misconduct for failing to disclose that he no longer holds funds in trust for his clients? (British Columbia, Canada)
Is there a presumption of resulting trust where there is a transfer of funds without consideration? (British Columbia, Canada)
What is a discretionary trust and what are the characteristics of a discretionary Trust? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.