11.01Representation of an Interested Person who Cannot be Ascertained
(1)In a proceeding concerning
(a)
the interpretation of a deed, will, contract or other instrument or the interpretation of a statute, order-in-council, regulation, local government by-law or resolution,
(b)
the determination of a question arising in the administration of an estate or trust,
(c)
the approval of a sale, purchase, compromise or other transaction,
(d)
the approval of an arrangement under Part 5 of the
Trustees Act,
(e)
the administration of the estate of a deceased person, or
(f)
any other matter where it may seem necessary or desirable,
the court may appoint one or more persons to represent any persons, including
(h)
unascertained persons, or
(i)
persons who cannot readily be ascertained, found or served,
who have a present, future, contingent or unascertained interest in, or may be affected by, the proceeding.
(2)Where an appointment is made under paragraph (1), a judgment in the proceeding is binding upon a person so represented, unless the court orders otherwise in the same or a subsequent proceeding.
(3)Where, in a proceeding under paragraph (1),
(a)
a compromise is proposed,
(b)
a person represented in the proceeding is not a party, and
(c)
the court, if satisfied that the compromise
(i)
will benefit that person, and
(ii)
ought to be approved,
the Court may approve the compromise and order that it be binding upon that person.
(4)An Order made under paragraph (3) shall bind the person represented unless it was obtained by fraud or nondisclosure of material facts.
85-5; 2015, c.22, s.5; 2017, c.20, s.87