What is the effect of a trustee’s intention to include all creditors in the distribution of a debtor's assets?
Ontario, Canada
The following excerpt is from McLean v. Garland, 1884 CanLII 15 (ON CA):
I do not propose to examine the authorities on this subject. I shall merely refer to the judgment of the present Chief Justice of the Queen’s Bench, in Thorne v. Torrance, 18 C.P. 29 at p. 35, in which reasons were given for considering that the trustee in that case might have placed in the schedule the names of other creditors, if any there were, beyond those originally named. The intention to include all creditors in the distribution notwithstanding the apparent limitation to those named in the schedule, is in the case before us deducible from the deed quite as plainly and satisfactorily as from the deed in question in Thorne v. Torrance, I think even more plainly and satisfactorily.
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