528. Disclaimer by a trustee in bankruptcy.

528.     Disclaimer by a trustee in bankruptcy.

Where a mortgagor is declared insolvent, the trustee in bankruptcy may disclaim onerous property in the same way as a liquidator of a company1, subject to the proviso that:

  1.  

    (1)     a notice of disclaimer may not be given without leave of the court in respect of property claimed for the estate in the form of after-acquired property, personal property of the bankrupt exceeding reasonable replacement value or certain tenancies protected by statute2; and

  2.  

    (2)     where the trustee seeks to disclaim any property in a dwelling house,