Acts and Regulations

2015, c.21 - Trustees Act

Section 80
Disposition versions

Full text
Contribution and indemnity
80(1)In this section, “breach of trust” includes any act or omission that gives rise to the liability of a trustee to the beneficiaries, regardless of whether the act or omission
(a) is intentional,
(b) is negligent, or
(c) would give rise to a right to contribution or indemnity apart from this Act.(violation de fiducie)
80(2)This section only applies with respect to a breach of trust
(a) that is the subject of a legal proceeding commenced after this Act comes into force, or
(b) if no legal proceeding has been commenced, for which a claim for contribution or indemnity is made after this Act comes into force.
80(3)Except as provided in this section, a trustee is not obliged to contribute to or indemnify a co-trustee in relation to a breach of trust by the co-trustee.
80(4)If a trustee commits a breach of trust, the court, having regard to the responsibility of each other trustee for the loss to the trust, may determine the amount the court considers appropriate
(a) for which each trustee is liable in order to make good the loss to the trust, or
(b) that a trustee shall contribute to another trustee.
80(5)The court may
(a) exempt a trustee from liability to make a contribution to another trustee, or
(b) order that any contribution due to, or to be recovered from, a trustee amounts to a complete indemnity.
80(6)The powers conferred on the court by this section may be exercised even if the trustee claiming contribution or indemnity or the trustee against whom the claim is made, or both of them, have acted fraudulently in breach of trust.
80(7)If a trustee who is in breach of trust is insolvent, the court may apportion among the solvent co-trustees, as the court considers appropriate, liability for making good the loss to the trust and any other losses.
80(8)If the beneficiaries have settled with a trustee who is in breach of trust and who subsequently seeks contribution from a co-trustee, the court, in making any order for contribution and without limiting subsections (4) and (5), may consider whether the settlement was reasonable.
Contribution and indemnity
80(1)In this section, “breach of trust” includes any act or omission that gives rise to the liability of a trustee to the beneficiaries, regardless of whether the act or omission
(a) is intentional,
(b) is negligent, or
(c) would give rise to a right to contribution or indemnity apart from this Act.(violation de fiducie)
80(2)This section only applies with respect to a breach of trust
(a) that is the subject of a legal proceeding commenced after this Act comes into force, or
(b) if no legal proceeding has been commenced, for which a claim for contribution or indemnity is made after this Act comes into force.
80(3)Except as provided in this section, a trustee is not obliged to contribute to or indemnify a co-trustee in relation to a breach of trust by the co-trustee.
80(4)If a trustee commits a breach of trust, the court, having regard to the responsibility of each other trustee for the loss to the trust, may determine the amount the court considers appropriate
(a) for which each trustee is liable in order to make good the loss to the trust, or
(b) that a trustee shall contribute to another trustee.
80(5)The court may
(a) exempt a trustee from liability to make a contribution to another trustee, or
(b) order that any contribution due to, or to be recovered from, a trustee amounts to a complete indemnity.
80(6)The powers conferred on the court by this section may be exercised even if the trustee claiming contribution or indemnity or the trustee against whom the claim is made, or both of them, have acted fraudulently in breach of trust.
80(7)If a trustee who is in breach of trust is insolvent, the court may apportion among the solvent co-trustees, as the court considers appropriate, liability for making good the loss to the trust and any other losses.
80(8)If the beneficiaries have settled with a trustee who is in breach of trust and who subsequently seeks contribution from a co-trustee, the court, in making any order for contribution and without limiting subsections (4) and (5), may consider whether the settlement was reasonable.