Part 6 — Finance and Property Division 1 Finance
186 Enforcement of liability of trustees
elector of the school division, the Court, if it is satisfied that
(a) the elector has reasonable grounds for believing that the
board has a cause of action under section 143, 183 or 184,
and
(b) either
(i) the board has refused or failed to commence an action to
recover the funds within 60 days from the date of receipt
of a written request from the elector to do so, or
(ii) the board has failed to prosecute diligently an action
commenced by it to recover the funds,
may make an order, on any terms as to security for costs and
otherwise that the Court considers proper, requiring the Minister of
Justice to commence or continue an action in the name and on
behalf of the board to recover the funds.
(2) The board and the Minister of Justice
(a) must be given notice of any application under subsection
(1), and
(b) must have the right to appear and be heard in respect of t he
application.
(3) Every order made under subsection (1) must require that the
board
(a) co-operate fully with the Minister of Justice in the
institution and prosecution of the action, and
(b) make available to the Minis ter of Justice all books, records,
documents and other material or information known to the
board or reasonably ascertainable by the board that is
relevant to the action.
2012 cE-0.3 s186;AR 217/2022;2022 c21 s19