When assignment is assignment for the benefit of creditors?

Ontario, Canada


The following excerpt is from Kinloch v. Scribner, 1883 CanLII 9 (ON CA):

In Maulson v. Commercial Bank, 17 U.C.R. 30, the assignment was also for the benefit of creditors. At p. 31 Robinson, C.J., said: “The evidence shewed that, although the goods were not removed to another building after the assignment, they were actually taken possession of by the assignees, who exercised a continual control over them, putting persons of their own in charge, though the former owners of the goods continued to assist in disposing of them.”

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