Acts and Regulations

2015, c.21 - Trustees Act

Full text
Duty of care
30(1)In the performance of a duty or the exercise of a power, whether the duty or power arises by operation of law or from the trust instrument, a trustee shall exercise the care, diligence and skill that a person of ordinary prudence would exercise in dealing with the property of another person.
30(2)If, because of a trustee’s profession, occupation or business, the trustee possesses or ought to possess a particular degree of care, diligence and skill that is relevant to the administration of the trust and is greater than that which a person of ordinary prudence would exercise in dealing with the property of another person, the trustee shall exercise that greater degree of care, diligence and skill.
Duty of care
30(1)In the performance of a duty or the exercise of a power, whether the duty or power arises by operation of law or from the trust instrument, a trustee shall exercise the care, diligence and skill that a person of ordinary prudence would exercise in dealing with the property of another person.
30(2)If, because of a trustee’s profession, occupation or business, the trustee possesses or ought to possess a particular degree of care, diligence and skill that is relevant to the administration of the trust and is greater than that which a person of ordinary prudence would exercise in dealing with the property of another person, the trustee shall exercise that greater degree of care, diligence and skill.