Can a trustee be removed in Ontario if they are not doing their job?

Yes, in Ontario a trustee can be removed if they are not fulfilling their duties. Removal can happen voluntarily — the trustee resigns — or it can be ordered by the Ontario Superior Court of Justice if beneficiaries bring an application.

Courts will remove a trustee in situations involving misconduct such as misappropriating trust assets, failing to account to beneficiaries, acting in a conflict of interest, or persisting in conduct that endangers the trust property. Courts have also removed trustees where there is serious and ongoing conflict between the trustee and beneficiaries that makes proper administration impossible, even if the trustee has not technically done anything dishonest.

The court's primary concern is the welfare of the beneficiaries and the proper administration of the trust. A trustee will not usually be removed simply because beneficiaries dislike their decisions or disagree with how they are exercising discretion, as long as the trustee is acting in good faith within the terms of the trust.

If you are a beneficiary concerned about trustee conduct, a lawyer can advise whether there are grounds for removal and whether informal steps — such as requesting a formal accounting — should come first. Court applications can be expensive, so exploring other options is usually worthwhile before proceeding.