In what circumstances will a committee of members of a committee succeed in vesting an application for a vesting order?

On the question of procedure, I can find no authority for proceeding ex parte on an application of this nature, as was done here; and in any event I do not think the remedy sought, namely a vesting order, is appropriate. By law the money in the bank vested in the committee on his appointment, the only question being as to how to get possession of it. It may be that the committee’s only remedy would be by action at law, although conceivably (I do not decide the point) he could proceed by way of originating notice under R. 452. Whatever the appropriate procedure should be, the party in whose possession the money or securities may be is entitled to notice of the proceedings; the money or securities may be subject to a lien or other claim. That does not obtain in the present instance but the circumstances here are exceptional. Had it not been that the bank, though not a party to the proceedings, was represented by its solicitors, I would not have entertained the application, at least without giving the bank an opportunity of being heard. As it was, and in order to save costs, I was prepared to grant the application but without costs. I could see no justification for the committee saddling the estate with costs of proceedings which, if properly instituted, should have been borne by the bank. The order which I made has not been taken out and I have since been requested to reconsider it with a view to the allowance of costs. I would have jurisdiction to do so, if so inclined. Jackson v. C.P.R. (1908) 7 WLR 828, 1 Sask LR 84. But I can see no reason for doing so.