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ontario regulation 193/15
made under the
Courts of Justice Act
Made: June 2, 2015
Approved: July 8, 2015
Filed: July 9, 2015
Published on e-Laws: July 10, 2015
Printed in The Ontario Gazette: July 25, 2015
Amending Reg. 194 of R.R.O. 1990
(RULES OF CIVIL PROCEDURE)
1.The French version of clause 7.02 (2) (f) of Regulation 194 of the Revised Regulations of Ontario, 1990 is amended by striking out “de parenté”.
2.The French version of clause 7.03 (10) (g) of the Regulation is amended by striking out “de parenté”.
3.Subrule 38.08 (4) of the Regulation is revoked and the following substituted:
(4)If a party to an application is under disability, the application may be abandoned by or against that party only with leave of a judge, on notice to the party’s litigation guardian and, if the litigation guardian is not the Children’s Lawyer or the Public Guardian and Trustee,
(a)to the Children’s Lawyer, if the party is a minor; or
(b)to the Public Guardian and Trustee, in any other case.
4.Subrule 38.10 (4) of the Regulation is amended by striking out “Rules 74 and 75” at the end and substituting “Rule 74, other than applications under rule 74.18, and Rule 75”.
5.The French version of subrule 55.07 (2) of the Regulation is amended by,
(a)striking out “une homologation de comptes” and substituting “une reddition des comptes”; and
(b)striking out “l’homologation des comptes” and substituting “la reddition des comptes”.
6.Subrule 58.08 (1) of the Regulation is amended by striking out “subrules 74.18 (10) to (13)” and substituting “subrules 74.18 (10) to (11.4) and (13)”.
7.Rule 74.01 of the Regulation is amended by adding the following definition:
“proof of death” means documentary evidence of a person’sdeath, includinga death certificate issued by the Registrar General,a certificate in respect of the death issued by a funeral director, or an order made under the Declarations of Death Act, 2002declaring that the person has died;(“preuve de décès”)
8.(1)Subrule 74.02 (6) of the Regulation is amended by striking out “a death certificate issued by the Registrar General or a funeral director” at the end and substituting “proof of death”.
(2)Subrule 74.02 (7) of the Regulation is amended by striking out “a death certificate issued by the Registrar General or a funeral director” in the portion before clause (a) and substituting “proof of death”.
9.(1)Subrule 74.04 (1) of the Regulation is amended by adding the following clause:
(a.1)proof of death;
(2)Clause 74.04 (1) (g) of the Regulation is amended by striking out “(Form 74.12)” and substituting “(Form 74.12 or, if the application is for a certificate limited to the assets referred to in the will, Form 74.12.1)”.
10.Subrule 74.05 (1) of the Regulation is amended by adding the following clause:
(0.a)proof of death;
11.Rule 74 of the Regulation is amended by adding the following rules:
Authentication of certificate of appointment
74.14.1Authentication of a certificate of appointment issued under this Rulemay be obtained by making a written request to the registrar of the court that issued the certificate of appointment for,
(a)a certificate of grant, to be signed by the registrar, if the authentication is intended for use in Canada; or
(b)an exemplification certificate, to be signed by the registrar and a judge of the court, if the authentication is intended for use outside Canada.
Confirmation of estate trustees
74.14.2(1)This rule applies if,
(a)there has been a change of estate trustees as a result of,
(i)a devolution of executorshipon the death of an estate trusteewith a will,
(ii)the death of an estate trustee, if one or moresurviving estate trustees continue to be authorized to act, or
(iii)a court order; or
(b)there has been no change of estate trustees.
(2)Confirmation of the status of a person as an estate trustee may be obtained by making a written request to the registrar of the court that issued the applicablecertificate of appointment for a court status certificate providing the confirmation, to be signed by the registrar.
(3)If the request is for a court status certificate confirmingthe status of a person as an estate trustee by devolution of executorship on the death of an estate trusteewith a will, the request shall be accompanied by,
(a)a copy, certified by the court, of every certificate of appointment of estate trustee issued in relation to that willand not subsequently revoked;
(b)a copy, certified by the court, of every certificate of appointment of estate trustee issued in relation to the deceased estate trustee’s will and not subsequently revoked; and
(c)an affidavitsetting out the circumstances authorizing the person to act as an estate trustee, with proof of death of the deceased estate trusteeattached as an exhibit to the affidavit.
(4)If the request is for a court status certificate confirming the status of a surviving estate trustee under a certificate of appointment of estate trustee with a will after the death of another estate trustee appointed by the same certificate of appointment, the request shall be accompanied by an affidavit confirming the death of the estate trustee and the circumstances under which the surviving estate trustee continues to be authorized to act, with proof of death of the deceased estate trustee attached as an exhibit to the affidavit.
(5)If the request is for a court status certificate confirming the person or persons acting as an estate trustee under a certificate of appointment after a court has ordered the appointment, removal or replacement of an estate trustee, the request shall be accompanied by a copy of the order.
12.(1)Rule 74.18 of the Regulation is amended by adding the following subrule:
(3.2)Where a person other than the Public Guardian and Trustee acts as an attorney under a continuing power of attorney for property or as a guardian of property for a person under disability who has a contingent or vested interest in the estate, the attorneyor guardian shall be served with the documents referred to in subrules (1) and (3).
(2)Subrule 74.18 (4) of the Regulation is amended by striking out “the hearing date of the application” at the end and substituting “the hearing date specified in the notice of application”.
(3)Subrule 74.18 (5) of the Regulation is amended by striking out “the hearing date of the application” at the end and substituting “the hearing date specified in the notice of application”.
(4)Subrules 74.18 (6), (7)and (8) of the Regulation are revoked and the following substituted:
Person under Disability or Unknown
(6)If a person referred to in subrule (3) is under disability or is unknown, the court may appoint someone to represent the person on the passing of the accounts if,
(a)neither the Public Guardian and Trustee nor the Children’s Lawyer is authorized under any Act to represent the person; and
(b)there is no litigation guardian to act for the person on the passing of the accounts.
Notice of Objection to Accounts
(7)A person who is served with documents under subrule (3)or (3.2)and who wishes to object to the accounts shall, at least 35 days before the hearing date specified in the notice of application, serve on the applicant, and file with proof of service,a notice of objection to accounts (Form 74.45).
Request for Further Notice
(8)A person who is served with documents under subrule (3) or (3.2)and who does not object to the accounts but wishes to receive notice of any further step in the application, including a request for costs or a request for increased costs, shall, at least 35 days before the hearing date specified in the notice of application, serve on the applicant, and file with proof of service, a request for further notice in passing of accounts (Form 74.45.1).
(8.1)Unless the court orders otherwise, a person who serves and files a request for further noticein passing of accountsisentitled to,
(a)receive notice of any further step in the application;
(b)receiveany further document in the application;
(c)filematerial relating to costsunder subrule (8.6), (11) or (11.2); and
(d)in the event of a hearing, be heard at the hearing, examine a witness and cross-examine on an affidavit, but with respect only to a request for increased costs under subrule (11).
No Response
(8.2)Unless the court orders otherwise, a person who is served with documents under subrule (3) or (3.2)butdoes not serve and file either a notice of objection to accounts or a request for further notice in passing of accounts,is not entitled to,
(a)receive notice of any further step in the application;
(b)receive any further document in the application;
(c)file material on the application; or
(d)in the event of a hearing, be heard at the hearing, examine a witness or cross-examine on an affidavit.
Response to Application — Public Guardian and Trustee or Children’s Lawyer
(8.3)If the Public Guardian and Trustee or the Children’s Lawyer is served with documents under subrule (3.1), the Public Guardian and Trustee or the Children’s Lawyer, as the case may be, shall, at least 30 days before the hearing date specified in the notice of application, serve on the applicant and file with proof of service,
(a)a notice of objection to accounts (Form 74.45);
(b)a request for further notice in passing of accounts(Form 74.45.1);
(c)a notice of no objection to accounts (Form 74.46); or
(d)a notice of non-participation in passing of accounts (Form 74.46.1).
Withdrawal of Objection
(8.4)A person who wishes to withdraw a notice of objection to accounts shall, at least 15 days before the hearing date of the application, serve on the applicant, and file with proof of service, a notice of withdrawal of objection (Form 74.48).
When Hearing not Required
(8.5)An applicant may seek judgment on the passing of accounts without a hearing under subrule (9) if,
(a)no notices of objection to accounts are filed; or
(b)every notice of objection to accounts that was filed is withdrawn before the deadline set out in that subrule.
Request for Costs
(8.6)Subject to subrule (11), any person served with documents under subrule (3), (3.1) or (3.2) who wishes to seek costs shall, at least 10 days before the hearing date of the application, serve on the applicant a request for costs (Form 74.49 or 74.49.1) and file the request with proof of service.
(5)Subrule 74.18 (9) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:
Judgment on Passing of Accounts Granted Without Hearing
(9)The court may grant a judgment on passing accounts without a hearing if, at least five days before the hearing date of the application, the applicant files with the court,
. . . . .
(6)Subclause 74.18 (9) (a) (i) of the Regulation is revoked and the following substituted:
(i)an affidavit of service of documents served under subrule (3), (3.1) or (3.2),
(7)Clause 74.18 (9) (a) of the Regulation is amended by striking out “and” at the end of subclause (iv)and by adding the following subclause:
(iv.1)any requests for increased costs (Form 74.49.2 or 74.49.3), costs outlines (Form 57B) and responses to requests for increased costs received under subrule (11.2), and
(8)Subclause 74.18 (9) (a) (v) of the Regulation is amended by striking out “(iv)” and substituting “(iv.1)”.
(9)Clause 74.18 (9) (c) of the Regulation is amended by striking out “was served with the notice of application” and substituting “was served with documents under subrule (3.1)”.
(10)Subrule 74.18 (10) of the Regulation is amended by striking out “(11.5)” at the end and substituting “(11.4)”.
(11)Subrule 74.18 (11) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:
Request for Increased Costs
(11)Where the applicant or a person served with documents under subrule (3), (3.1)or (3.2) seeks costs greater than the amount allowed in Tariff C, he or she shall, before the deadline referred to in subrule (11.1), serve on the persons referred to in subrule (11.1),
. . . . .
(12)Subrule 74.18 (11.1) of the Regulation is revoked and the following substituted:
(11.1)Unless the court orders otherwise, the documents referred to in subrule (11) shall be served on the applicant and on the following persons, as applicable, at least 15 days before the hearing date of the application:
1.Every person who has served and filed a notice of objection to accounts in accordance with subrule (7), even if he or she has since withdrawn it.
2.Every person who has served and filed a request for further notice in passing of accountsin accordance with subrule (8).
3.The Public Guardian and Trustee or Children’s Lawyer, as the case may be, if the Public Guardian and Trustee or the Children’s Lawyer was served with documents under subrule (3.1) and did not serve and file a notice of non-participation in passing of accounts.
(13)Subrule 74.18 (11.2) of the Regulation is amended by striking out “12 days before the hearing date specified in the notice of application” at the end and substituting “10 days before the hearing date of the application”.
(14)Subrule 74.18 (11.3) of the Regulation is amended by striking out “10 days before the hearing date specified in the notice of application” in the portion before clause (a) and substituting “five days before the hearing date of the application”.
(15)Subrule 74.18 (11.5) of the Regulation is revoked and the following substituted:
Contested Passing of Accounts (Hearing)
(11.5)If one or more notices of objection to accounts are filed and not withdrawn, the applicant shall, at least 10 days before the hearing date of the application, serve on the persons referred to in subrule (11.6), and file with proof of service,
(a)a consolidation of all the remaining notices of objection to accounts; and
(b)a reply to notice of objection to accounts (Form 74.49.4).
(11.6)The documents referred to in subrule (11.5) shall be served on,
(a)every person who has served and filed a notice of objection to accounts in accordance with subrule (7) and not withdrawn it;
(b)every person who has served and filed a request for further notice in passing of accountsin accordance with subrule (8); and
(c)the Public Guardian and Trustee or Children’s Lawyer, as the case may be, if the Public Guardian and Trustee or the Children’s Lawyerwas served with documents under subrule (3.1) and did not serve and file a notice of non-participation in passing of accounts.
(11.7)If the application to pass accounts proceeds to a hearing, the applicant shall, at least five days before the hearing date, file with the court a record containing,
(a)the application to pass accounts;
(b)the documents referred to in subrule (11.5);
(c)any responses to the applicant’s reply to notice of objection to accounts by the persons on whom the reply was served;
(d)in the case of any notice of objection to accounts that is withdrawn after the documents referred to in subrule (11.5) were served and filed, a copy of the notice of withdrawal of objection (Form 74.48);
(e)the notices of non-participation in passing of accounts of the Public Guardian and Trustee and the Children’s Lawyer, if served;
(f)any requests for further notice in passing of accounts(Form 74.45.1);
(g)any requests for costs (Form 74.49 or 74.49.1) of persons served under subrule (11.5);
(h)any requests for increased costs (Form 74.49.2 or 74.49.3), costs outlines (Form 57B) and responses to requests for increased costs received under subrule (11.2); and
(i)a draft order for directions or of the judgment sought, as the case may be.
(11.8)If the applicant and every person referred to undersubrule (11.6), as applicable, agree to all of the terms of a draft order, the applicant shall indicate that it is a joint draft order.
(11.9)If the applicant and every person referred to undersubrule (11.6), as applicable, fail to agree to all of the terms of a draft order,
(a)the applicant shall indicate that it is the applicant’s draft order; and
(b)any person referred to in clause (11.6) (a) may file an alternative draft order at least three days before the hearing date of the application or, with leave of the court, at the hearing.
(16)Subrule 74.18 (13) of the Regulation is revoked and the following substituted:
(13)At the hearing, the court may assess, or refer to an assessment officer, any bill of costs, account or charge of lawyers employed by the applicant or by a person who filed a notice of objection or a request for further notice in passing of accounts.
(17)Rule 74.18 of the Regulation is amended by adding the following subrules:
Trial may be Directed
(13.1)On the hearing of the application, the court may order that the application or any issueproceed to trialand give such directions as are just, including directions,
(a)respecting the issues to be tried and each party’s position on each issue;
(b)respecting the timing and scope of any applicable disclosure;
(c)respecting the witnesses each party intends to call, the issues to be addressed by each witness and the length of each witness’ testimony;and
(d)respecting the procedure to be followed at the trial, including methods of adducing evidence.
Directions regarding mediation
(13.2)In making an order under subrule (13.1), the court may, in addition to giving any direction under that subrule,
(a)give any direction that may be given under subrule 75.1.05 (4), in the case of a proceeding that is subject to Rule 75.1 (mandatory mediation); or
(b)in the case of a proceeding that is not subject to Rule 75.1, order that a mediation session be conducted in accordance with Rule 75.2, and, for the purpose, give any direction that may be given under subrule 75.1.05 (4).
13.(1)Clause 75.06 (3) (f.1) of the Regulation is revoked.
(2)Rule 75.06 of the Regulation is amended by adding the following subrule:
Same, mediation
(3.1)On an application or motion for directions, the court may, in addition to giving any direction under subrule (3),
(a)give any direction that may be given under subrule 75.1.05 (4), in the case of a proceeding that is subject to Rule 75.1 (mandatory mediation); or
(b)in the case of a proceeding that is not subject to Rule 75.1, order that a mediation session be conducted in accordance with Rule 75.2, and, for the purpose, give any direction that may be given under subrule 75.1.05 (4).
14.(1)Subclause 75.1.02 (1) (a) (ii) of the Regulation is revoked.
(2)The English version of subrule 75.1.02 (2) of the Regulation is amended by striking out “rule 11” and substituting “Rule 11”.
15.(1)Rule 75.1.03 of the Regulation is amended by striking out “rule” in the portion before the definitions and substituting “Rule”.
(2)The definition of “designated party” in rule 75.1.03 of the Regulation is amended by striking out “under rule 75.1.05” and substituting “under clause 74.18 (13.2) (a) or 75.06 (3.1) (a) or subrule 75.1.05 (4)”.
16.The English version of rule 75.1.04 of the Regulation is amended by striking out “rule” at the end at substituting “Rule”.
17.(1)Subrule 75.1.05 (1) of the Regulation is revoked and the following substituted:
Motion for Directions
(1)The applicant shall make a motion, in the same way as under rule 75.06, seeking directions respecting the conduct of a mediation to which this Rule applies.
(2)Rule 75.1.05 of the Regulation is amended by adding the following subrule:
Exception
(3.1)Subrule (1) does not apply if the court has already given directions for the conduct of the mediation under clause 74.18 (13.2) (a) or 75.06 (3.1) (a), unless the court orders otherwise.
(3)Subrules 75.1.05 (5) and (6) of the Regulation are revoked.
18.The English version of subrule 75.1.06 (2) of the Regulation is amended by striking out “rule” at the end and substituting “Rule”.
19.(1)Subrule 75.1.07 (1) of the Regulation is amended by striking out “under rule 75.1.05” and substituting “under clause 74.18 (13.2) (a) or 75.06 (3.1) (a) or subrule 75.1.05 (4)”.
(2)The French version of subrule 75.1.07 (3) of the Regulation is amended by striking out “d’ici la fin” and substituting “au plus tard à la fin”.