Bankruptcy and Insolvency Act

Marginal note:Trustee may vote

• 113 (1) Where the trustee is a creditor or a proxy for a creditor, he may vote as a creditor at any meeting of creditors.

• Marginal note:Trustee may not vote on remuneration

  (2) The vote of the trustee or of his partner, clerk, solicitor or solicitor’s clerk, either as creditor or as proxy for a creditor, shall not be reckoned in the majority required for passing any resolution affecting the remuneration or conduct of the trustee.

• Marginal note:Persons not entitled to vote

  (3) The following persons are not entitled to vote on the appointment of a trustee or inspectors:

  • (a) the father, mother, child, sister, brother, uncle or aunt, by blood, adoption, marriage or common-law partnership, or the spouse or common-law partner, of the bankrupt;

  • (b) where the bankrupt is a corporation, any officer, director or employee thereof; and

  • (c) where the bankrupt is a corporation, any wholly owned subsidiary corporation or any officer, director or employee thereof.