43. Evidence of unitholders’ approval not decisive — court approval to discontinue action under section 42

An application made or an action brought or intervened in under section 42 is not to be stayed or dismissed by reason only that it is shown that an alleged breach of a right of or duty owed to all the unitholders of the registered business trust as a whole has been or may be approved by the unitholders of the registered business trust, but evidence of approval by the unitholders may be taken into account by the court in making an order under that section.

An application made or an action brought or intervened in under section 42 is not to be stayed, discontinued, settled or dismissed for want of prosecution without the approval of the court given upon any terms that the court thinks fit and, if the court determines that the interest of any complainant may be substantially affected by such stay, discontinuance, settlement or dismissal, the court may order any party to the application or action to give notice to the complainant.

In an application made or an action brought or intervened in under section 42, the court may at any time order the trustee‑manager of the registered business trust in its capacity as trustee‑manager of the registered business trust to pay to the complainant interim costs, including legal fees and disbursements, but the complainant may be accountable for such interim costs upon final disposition of the application or action.