Can a debtor or his assignee, under a voluntary assignment, add to the names of creditors to be benefited by the trust?
Ontario, Canada
The following excerpt is from McLean v. Garland, 1884 CanLII 15 (ON CA):
The next case is Borell v. Dann, 2 Hare 440; but that does not establish that a debtor or his assignee, under a voluntary assignment, could add to the names of creditors to be benefited by the trust, but simply that a person under an Insolvent Act could not, by inserting only certain creditors in his schedule, prevent other creditors not named from proving on the estate, and participating in the dividends.
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