Part 4 — Board Powers and Elections Division 1 Board Powers
93 Hearing of application
evidence, whether oral or by affidavit, that the Court requires, the
Court of King's Bench may make an order, with or without costs,
(a) declaring the person to be disqualified from remaining as a
trustee and the seat on the board to be vacant,
(b) declaring the person to be qualified to remain as a truste e, or
(c) dismissing the application.
(2) If the Court declares a person disqualified for a contravention
of section 87(1)(d), (e), (f) or (g), it may order the person to pay to
the board the total amount of any profit attributable to the
contravention.
(3) An application under section 91(b) or (c)
(a) must be made within 4 yea rs from the date on which the
contravention is alleged to have occurred, and
(b) may be commenced or continued notwithstanding that an
election has been held between the time at which the
disqualification is alleged to have arisen and the time at
which the application is or was commenced, and whether or
not the person in respect of whom the application is being
brought
(i) resigns before or after the election,
(ii) was re-elected in the election,
(iii) was not re-elected or did not run in the election, or
(iv) has completed a term of office.
2012 cE-0.3 s93;2015 c6 s19;AR 217/2022