Sun Indalex Finance, LLC v United Steelworkers
Supreme Court of Canada case / From Wikipedia, the free encyclopedia
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Sun Indalex Finance, LLC v United Steelworkers, 2013 SCC 6, arising from the Ontario courts as Re Indalex Limited, is a decision of the Supreme Court of Canada that deals with the question of priorities of claims in proceedings under the Companies' Creditors Arrangement Act, and how they intersect with the fiduciary duties employers have as administrators of pension plans.
Sun Indalex Finance, LLC v United Steelworkers | |
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Hearing: 5 June 2012 Judgment: 1 February 2013 | |
Citations | 2013 SCC 6 |
Docket No. | 34308 [1] |
Prior history | APPEAL FROM a decision of the Court of Appeal for Ontario (2011 ONCA 265), setting aside a decision of the Ontario Superior Court of Justice (2010 ONSC 1114) |
Ruling | Appeal allowed with respect to main decision; appeal dismissed with respect to costs order |
Holding | |
A statutory trust was deemed to exist for the salaried plan. Because of federal paramountcy, the DIP charge takes precedence over the deemed trust. A remedial constructive trust is only appropriate if the wrongdoer's acts give rise to an identifiable asset which it would be unjust for the wrongdoer (or sometimes a third party) to retain. There is no basis to interfere with the Court of Appeal's costs endorsement. | |
Court membership | |
Chief Justice | Beverley McLachlin |
Puisne Justices | Louis LeBel, Marie Deschamps, Rosalie Abella, Marshall Rothstein, Thomas Cromwell, and Michael Moldaver |
Reasons given | |
Majority | Deschamps, joined by Moldaver |
Concurrence | Cromwell, joined by McLachlin and Rothstein |
Dissent | LeBel, joined by Abella |