What is the test for bringing a personal injury action against a former trustee?

I suggest that the validity of that submission depends on the particular circumstances of the case. The question, it seems to me, is whether the action is brought against the trustee outside the parameters of the bankruptcies. In certain circumstances an action may lie against a trustee personally. See: Glick v. Jorden (1967), 11 C.B.R.(N.S.) 70. The plaintiffs contend that this is that kind of a case. In the final analysis they may be right. But at this juncture it is not possible to say whether that is so. Observe the manner in which the action is framed. Granted, the material time alluded to in the statement of claim - March 25, 1983, to the month of February, 1985 - covers a time prior to the defendant’s appointment and subsequent to his discharge. But it also includes much of the time when he was the trustee, that is to say, after his appointment and before his discharge. In my judgment, based on the allegations in the statement of claim, it was incumbent upon the plaintiffs to obtain leave before proceeding to issue their statement of claim. This brings us to the second question: