Does an agreement between an employers' association and a union create a trust?
British Columbia, Canada
The following excerpt is from Lewis v. Alliance of Canadian Cinema Television and Radio Artists, 1996 CanLII 661 (BC CA):
28 I am reinforced in this conclusion by a reading of Mohr v. C.J.A. (1989), 36 E.T.R. 246 (B.C.S.C.), which was affirmed by this Court at (1991), 40 E.T.R. 12. The courts in that case relied on several factors that indicated that an agreement between an employers' association and a union creating a fund for an apprenticeship program had not been intended to create a trust. These included the fact that the agreement could by its express terms be amended or even cancelled without consulting the would-be beneficiaries, the fact that funds contributed for the apprenticeship program could be co-mingled with those of the "joint board" administering it, and the fact that the program could be revoked and the funds returned to the contributing employers at any time. None of these factors applies in the case before us. Certainty of Objects
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