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Word of the Week | Henson Trust

S.A. v. Metro Vancouver Housing Corp. | 2019 SCC 4 | Supreme Court of Canada


[A] “Henson trust” [is] settled for the benefit of a person with disabilities who relies on publicly funded social assistance benefits (see: Ontario (Director of Income Maintenance Branch of the Ministry of Community and Social Services) v. Henson (1987), 26 O.A.C. 332 (Div. Ct.), aff’d in (1989), 36 E.T.R. 192 (Ont. C.A.)). The central feature of the Henson trust is that the trustee is given ultimate discretion with respect to payments out of the trust to the person with disabilities for whom the trust was settled...
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