What are the implications for the liquidator's position in the context of a pension plan?

Ontario, Canada


The following excerpt is from Canada (Attorney General) v. Standard Trust Co., 1995 CanLII 7398 (ON SC):

There is another aspect of this situation which I am of the opinion would also prove fatal to the liquidator’s position. That arises from the special nature of the pension rights affecting the pension assets in the administrator’s hands. The administrator says it is a trustee for the pension fund assets and that the individual plan members against whom it is sought to apply Cherry v. Boultbee have no clear rights to the amounts received or receivable from the liquidator except under the provisions of the pension plan.

Other Questions


What is the current state of the law on a pension plan administrator’s duty of care to members of the pension plan? (Ontario, Canada)
What is the best interest of pension plan members to receive their pro rata share of a partial wind-up on partial termination of an employee pension plan? (Ontario, Canada)
Is a member of a pension plan entitled to distribution of surplus funds from a partial termination of the pension plan? (Ontario, Canada)
Does the Retirement Pension Fund Trust Rule from Saunders v. Vautier apply to an employee pension plan? (Ontario, Canada)
Can an employer in its capacity as a sponsor (and not as plan administrator) obtain legal advice to amend a pension plan? (Ontario, Canada)
Is a liquidator entitled to refuse distribution of pension plan funds pending a determination of damages? (Ontario, Canada)
Can a plaintiff recover the entire loss from a company pension plan if the company pension is not indemnified as a result of the accident? (Ontario, Canada)
What is the test for placing a plaintiff in a different position than their original position? (Ontario, Canada)
What are the implications of the Financial Conduct Authority’s (FCA) position on cross-examinations? (Ontario, Canada)
How have courts interpreted the definition of a pension in B.C. legislation that includes the term pension and annuity? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.