Can a voluntary assignee for the benefit of creditors maintain the position?

Ontario, Canada


The following excerpt is from Macdonald v. Mccall, 1885 CanLII 25 (ON CA):

Some propositions in relation to a suit of this character, and the position of a voluntary assignee for the benefit of creditors are firmly settled. One of these is that it cannot be maintained by such an assignee for the reason already mentioned, namely, that he does not represent the creditors: McMaster v. Clare, 7 Gr. 550.

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