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THUNDER BAY BUSINESS APRIL 2012
Removing the Untrustworthy Trustee ©2012 Brian Babcock The Trustee Dilemma includes how to select a Trustee (discussed in a previous article). The next question is what happens if the Trustee does a poor job, no job, or, if there is more than one Trustee, if the
Legal Matters Trustees simply cannot get along. Unfortunately, this problem happens often enough that judges have developed a set of rules to follow in deciding whether to remove and replace an Estate Trustee.
Like much law in Ontario, the rules combine law made by the legislature (statutes) and interpretation made by judges in prior cases. The application of these rules to particular facts can be tricky, so if you find yourself with this problem, it is best to talk to a lawyer with experience in this area, but here is what you should know going in: · Under the Trustee Act, a Superior Court may remove an Estate Trustee and may appoint another person or persons instead. · The governing principle is the welfare of the beneficiaries. · The Court is reluctant to interfere with decision made by the person who wrote the will. · Not every mistake or neglect of duty will result in removal. · Removal will not be ordered to
punish past misconduct. · Only in rare circumstances will the Courts intervene to remove a Trustee. · Misconduct is not required simply a situation where proper administration of the estate has become impossible or improbable. · A demand to step down must be made before applying to the Court. A Court may remove the Estate Trustee for: · Endangering estate property · Lack of honesty · Lack of mental capacity · Lack of ability or expertise, and a refusal to seek help · Lack of “fidelity” – this might be a conflict of interest; favouring certain beneficiaries over others; hostility and distrust either between Trustees or between
the Trustee and beneficiaries. This can be a costly process, so selecting the right Trustee remains the toughest decision many people need to make in their will. Experienced lawyers can provide advice on how to select the best person that suits your family’s needs and how your family can protect itself if bad things happen later. Weilers has a 65 year track record providing advice and representation to people making wills, Trustees administering wills, and people inheriting under wills. We have lawyers skilled at drafting wills and in going to court when necessary. We welcome visitors with questions to our Saturday morning “Wills Clinic”.
Joint Delegation Preparing Next Steps for Ring of Fire BY SCOTT A. SUMNER
Thunder Bay BUSINESS The Joint Delegation from the City of Thunder Bay and Fort William First Nation is preparing a comprehensive Community Readiness Strategy to take full advantage of the unprecedented opportunities related to Northwestern Ontario’s Mineral Basin – The Ring of Fire. The Joint Delegation met with nine Provincial Ministers, including the Honourable Michael Gravelle and Thunder Bay-Atikokan MPP Bill Mauro, this week at the Ontario Good Roads Association Conference in Toronto. The Ring of Fire and Thunder Bay’s emerging economic development opportunities were frequently discussed, particularly with the Ministers of Energy, Transportation & Infrastructure, Natural Resources, and Northern Development & Mines. “The meetings with Provincial Ministers at the Ontario Good Roads Association Conference were very productive and positive – the ball is definitely in our court now,” said Mayor Keith Hobbs. “We put forward a strong case to the Province to
develop a fully integrated plan that will capitalize on the enormous mining opportunities in this region, and now it’s up to us to be ready.” The key message heard by the Joint Delegation was to mobilize quickly and be ready. “We strongly advocated that Northwestern Ontario should benefit overall from the Ring of Fire and other mining opportunities such as processing,” Mayor Hobbs said. The Joint Delegation focused on strategic infrastructure investment, energy supply and pricing, stable and sustainable electrical supply to Northern First Nation Communities and workforce development opportunities. Councillor Joe Virdiramo (Chair of the Inter-Governmental Liaison Committee) indicated he is proud of the work that went into those meetings and of how successful the meetings were. “Now we need to move quickly to put plans in place to take advantage of the huge opportunities coming our way,” Virdiramo said. “The Province is very supportive of working with Thunder Bay as the major business centre closest to
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Top: Councillors Joe Virdiramo (Chair of the Inter-Governmental Liaison Committee), Aldo Ruberto, Brian McKinnon, City Manager Tim Commisso Below : John Mason of CEDC the Ring of Fire.” project. We need to move quickly to take advantage of the opportunities that will be The City of Thunder Bay will move quick- there. Our group made excellent presentaly to create the Community Readiness tions of our cases to the ministers present. Strategy by working closely with the They seemed to be very interested in our Community Economic Development Commission, the Thunder Bay Chamber of Commerce, Ambassadors Northwest, Fort William First Nation, Nishnawbe Aski Nation, Lakehead University, Confederation College and other key community stakeholder organizations. The Joint Delegation was comprised of Mayor Keith Hobbs; Ed Collins, Economic Development Officer for Fort William First Nation; Thunder Bay City Councillors Joe Virdiramo (Chair of the InterGovernmental Liaison Committee), Ken Boshcoff, Aldo Ruberto, Brian McKinnon, Iain Angus, City Manager Tim Commisso and Laury Alexander, the Mayor’s Policy Assistant. Some Councillors also attended as Northwestern Ontario Municipal Association and District of Thunder Bay Social Services Administration Board members.
www.enl-tbay.com “Our meeting focused on the Ring of Fire
messages.We know there will be hundreds, if not thousands of jobs and we need the foundation in place to handle everything. There are housing and social isues that have to addressed as well.” said Joe Virdiramo. “ The goverment is quite excited about the Ring of Fire as the number one economic opportunity in Ontario.” “ This is a huge opportunity for the government of Ontario to work with the private sector and municipalities. The Ring of Fire will have energy requirements of 550 mega watts over and above any kind of ferrachrome process. Human resources for the construction of the mines will be 4600 and 3700 in the operation jobs. Induced indirect jobs are at the ration of 5 to 1 of these direct jobs. Currently there are 2550 jobs in the NW mines now .” said John Mason of the CEDC.