May 20, 2014
In a decision released today, the Supreme Court of British Columbia clarified important elements of when it is appropriate to remove a trustee for cause. Madam Justice Gropper held that in considering an application to remove a trustee in cases where there is dissension among the trustees or between a trustee and the beneficiary, the court may consider which party is at fault for the hostility, although it is not an overriding factor. Howard Shapray and Abbas Sabur represented the beneficiary to a family trust in their successful application to remove one of the trustees for cause.
For more information, see the court’s judgment at http://www.courts.gov.bc.ca/jdb-txt/SC/14/08/2014BCSC0882.htm