The Tender For Law

Volume 3

Sep 01, 2013 8:26 PM

Derek Moran

Vesting orders as to stock and choses in action

13. (1) In any of the following cases,

(a) where the Superior Court of Justice appoints, or has appointed, a new trustee; or

(b) where a trustee entitled alone, or jointly with another person, to stock or to a chose in action,

(iv) neglects or refuses to transfer stock, or receive the dividends or income thereof, or to sue for or recover a chose in action, according to the direction of the person absolutely entitled thereto, for fourteen days next after a request in writing has been made to the trustee by the person so entitled, or

(v) neglects or refuses to transfer stock, or receive the dividends or income thereof, or to sue for or recover a chose in action for fourteen days next after an order of the Superior Court of Justice for that purpose has been served on the trustee; or

(c) where it is uncertain whether a trustee entitled, alone or jointly with another person, to stock or to a chose in action is alive or dead,

the Superior Court of Justice may make an order vesting the right to transfer, or call for a transfer of stock, or to receive the dividends or income thereof, or to sue for or recover a chose in action, in any such person as the court may appoint.

Court may make declaration

(7) The Superior Court of Justice may make declarations and give directions concerning the manner in which the right to any stock or chose in action, vested under this Act, is to be exercised.

http://www.canlii.org/en/on/laws/stat/rso-1990-c-t23/latest/