Acts and Regulations

2015, c.21 - Trustees Act

Full text
Power of court to remove trustee
21(1)The court may remove a person from the office of trustee if
(a) subsection 20(1) applies and there are fewer than three trustees, or
(b) the court is of the opinion that
(i) the removal of the person under section 20 or under a power conferred by a trust instrument would be inexpedient, difficult or impracticable, and
(ii) the removal of the person is in the best interests of the beneficiaries or purposes of the trust or its good administration.
21(2)If the court considers a reduction in the number of trustees to be in the best interests of the beneficiaries or purposes of the trust or its good administration, the court may
(a) reduce the number of trustees, and
(b) to give effect to the decision under paragraph (a), remove a person as trustee.
21(3)The court may remove a trustee appointed by the court under section 13.
21(4)Despite any other provision of this Act or a power conferred by a trust instrument, a trustee who is designated as a judicial trustee by the court under paragraph 14(1)(b) may only be removed under subsection (3).
Power of court to remove trustee
21(1)The court may remove a person from the office of trustee if
(a) subsection 20(1) applies and there are fewer than three trustees, or
(b) the court is of the opinion that
(i) the removal of the person under section 20 or under a power conferred by a trust instrument would be inexpedient, difficult or impracticable, and
(ii) the removal of the person is in the best interests of the beneficiaries or purposes of the trust or its good administration.
21(2)If the court considers a reduction in the number of trustees to be in the best interests of the beneficiaries or purposes of the trust or its good administration, the court may
(a) reduce the number of trustees, and
(b) to give effect to the decision under paragraph (a), remove a person as trustee.
21(3)The court may remove a trustee appointed by the court under section 13.
21(4)Despite any other provision of this Act or a power conferred by a trust instrument, a trustee who is designated as a judicial trustee by the court under paragraph 14(1)(b) may only be removed under subsection (3).