22(1)A person removed as trustee, except a person removed under section 21, may apply to the court for an order under subsection (3)
(a)
if the person is removed under section 20, within 60 days after the resolution becomes effective, or
(b)
in any other case, within 60 days after the earlier of
(i)
the date of the appointment of a replacement trustee under section 9(1), and
(ii)
the date that the removal as trustee comes to the attention of the person removed.
22(2)The court may make an order under subsection (3) if
(a)
the court is satisfied that the person was removed as trustee based on a mistake of fact or law, and
(b)
the court considers making the order to be in the best interests of the beneficiaries or purposes of the trust or its good administration.
22(3)Subject to subsection (2), the court may
(a)
reinstate the person as trustee on a specified date,
(b)
declare that the person did not cease to hold the office of trustee during the period following the purported removal, or
(c)
dismiss the application.
22(4)If the court makes an order under subsection (3), the court may also give directions or make a declaration as to the person’s status as trustee or the liability of
(a)
a replacement trustee appointed under section 9,
(b)
the person who is the subject of the order, or
(c)
any other person who was a trustee after the person making the application was removed as trustee.
22(1)A person removed as trustee, except a person removed under section 21, may apply to the court for an order under subsection (3)
(a)
if the person is removed under section 20, within 60 days after the resolution becomes effective, or
(b)
in any other case, within 60 days after the earlier of
(i)
the date of the appointment of a replacement trustee under section 9(1), and
(ii)
the date that the removal as trustee comes to the attention of the person removed.
22(2)The court may make an order under subsection (3) if
(a)
the court is satisfied that the person was removed as trustee based on a mistake of fact or law, and
(b)
the court considers making the order to be in the best interests of the beneficiaries or purposes of the trust or its good administration.
22(3)Subject to subsection (2), the court may
(a)
reinstate the person as trustee on a specified date,
(b)
declare that the person did not cease to hold the office of trustee during the period following the purported removal, or
(c)
dismiss the application.
22(4)If the court makes an order under subsection (3), the court may also give directions or make a declaration as to the person’s status as trustee or the liability of
(a)
a replacement trustee appointed under section 9,
(b)
the person who is the subject of the order, or
(c)
any other person who was a trustee after the person making the application was removed as trustee.