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O. Reg. 575/07: RULES OF CIVIL PROCEDURE


Published: 2007-12-20

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ontario regulation 575/07

made under the

Courts of Justice Act

Made: December 14, 2007
Approved: December 19, 2007
Filed: December 20, 2007
Published on e-Laws: December 21, 2007
Printed in The Ontario Gazette: January 5, 2008


Amending Reg. 194 of R.R.O. 1990

(Rules of Civil Procedure)

1. The following provisions of Regulation 194 of the Revised Regulations of Ontario, 1990 are amended by striking out “solicitor” wherever it appears and substituting in each case “lawyer”:

1. Subrule 1.04 (3).

2. Clause 1.08 (5) (e).

3. Clauses 4.02 (2) (c) and (3) (f) and (g).

4. Clauses 4.06 (1) (c) and (3) (b).

5. Subrule 7.05 (3).

6. Clause 12.05 (1) (b).

7. Rule 15.01.

8. Rule 15.02.

9. Subrules 15.04 (2), (3) and (4).

10. Clause 16.02 (1) (b).

11. Subrule 16.03 (3).

12. Clause 16.05 (3) (b).

13. Subrule 30.04 (3).

14. Clause 34.04 (3) (a) and subrule (6).

15. Subrule 34.07 (7).

16. Clause 48.03 (1) (h), in the portion before subclause (i).

17. Subrules 48.14 (2), (4.1) and (7).

18. Subrules 52.04 (1) and (2).

19. Subrule 53.04 (2).

20. Clause 53.07 (2) (a).

21. Subrules 55.02 (8) and (9).

22. Subrule 55.05 (3).

23. Subrule 55.06 (9) and clause (14) (a).

24. Rule 56.02.

25. Subclause 57.01 (1) (h) (ii).

26. Subrules 57.07 (2) and (3).

27. Subrule 58.05 (3).

28. Subrule 59.03 (6).

29. Subrules 60.07 (12), (12.1) and clauses (16) (a) and (19) (a).

30. Subrule 60.14 (1).

31. Subrule 60.18 (7).

32. Clause 64.06 (5) (a).

33. Subrules 72.03 (8) and (13).

34. Clause 74.11 (1) (b).

35. Subclauses 74.18 (9) (a) (iii) and (v).

36. Subrules 75.03 (1) and (3).

37. Clause 76.11 (4) (f).

38. Subrule 77.12 (3).

39. Subrule 77.13 (2).

40. Subrule 77.14 (3).

2. The following provisions of the Regulation are amended by striking out “solicitors” wherever it appears and substituting in each case “lawyers”:

1. Clause 22.04 (d).

2. Subrule 52.04 (4).

3. Clause 72.03 (4) (b).

4. Subrule 74.18 (13).

3. Each provision of the Regulation referred to in Column 1 of the Table to this section is amended by striking out “counsel” wherever it appears and substituting in each case the text set out in the corresponding row of Column 2 of the Table:

table


Column 1


Column 2




34.11 (1)


lawyer




34.11 (2)


lawyer




37.05 (2)


a lawyer




37.05 (3)


a lawyer




38.03 (3)


a lawyer




38.03 (3.1)


a lawyer




52.06 (2)


the lawyer




 

4. The English version of each provision of the Regulation referred to in Column 1 of the Table to this section is amended by striking out “counsel” wherever it appears and substituting in each case the text set out in the corresponding row of Column 2 of the Table:

table


Column 1


Column 2




30.1.01 (3)


lawyers




31.08


lawyer




50.02 (1) (a)


the lawyers




52.05


lawyers




53.07 (4) (b)


lawyer




59.03 (3) (c)


a lawyer




61.03.1 (1)


lawyers




61.11 (1) (e) (ii)


the lawyer




61.12 (3) (f) (ii)


the lawyer




61.16 (3.2)


the lawyer




77.13 (4)


The lawyers




77.14 (3)


lawyers




77.15 (3) (d)


the lawyers




 

5. The French version of the heading to Rule 1 of the Regulation is revoked and the following substituted:

RÈGLE 1 MENTION, CHAMP D’APPLICATION ET INTERPRÉTATION

6. (1) Subrule 1.01 (1) of the Regulation is revoked and the following substituted:

CITATION

Title

(1) These rules may be cited as the Rules of Civil Procedure.

(2) Clause 1.01 (2) (a) of the Regulation is amended by striking out “rules 1.01 to 1.08”at the end and substituting “rules 1.01 to 1.09”.

7. (1) The definition of “holiday” in subrule 1.03 (1) of the Regulation is amended by adding the following clause:

(b.1) Family Day,

(2) Subrule 1.03 (1) of the Regulation is amended by adding the following definitions:

“lawyer” means a person authorized under the Law Society Act to practise law in Ontario; (“avocat”)

“lawyer’s office” means the office of the lawyer of record as set out in the last document filed by him or her; (“bureau de l’avocat”)

(3) The definition of “solicitor’s office” in subrule 1.03 (1) of the Regulation is revoked.

8. Subclause 4.09 (11) (a) (vi) of the Regulation is revoked and the following substituted:

(vi) the names of the lawyers representing the parties; and

9. Subrule 5.02 (1) of the Regulation is amended by striking out “solicitor of record” in the portion before clause (a) and substituting “lawyer of record”.

10. Clause 7.08 (4) (b) of the Regulation is revoked and the following substituted:

(b) an affidavit of the lawyer acting for the litigation guardian setting out the lawyer’s position in respect of the proposed settlement;

11. The heading to Rule 15 of the Regulation is revoked and the following substituted:

RULE 15 REPRESENTATION BY LAWYER

12. Subrules 15.03 (1), (2), (3) and (4) of the Regulation are revoked and the following substituted:

Notice of Change of Lawyer

(1) A party who has a lawyer of record may change the lawyer of record by serving on the lawyer and every other party and filing, with proof of service, a notice of change of lawyer (Form 15A) giving the name, address and telephone number of the new lawyer.

Notice of Appointment of Lawyer

(2) A party acting in person may appoint a lawyer of record by serving on every other party and filing, with proof of service, a notice of appointment of lawyer (Form 15B) giving the name, address and telephone number of the lawyer of record.

Notice of Intention to Act in Person

(3) Subject to subrule 15.01 (1) or (2), a party who has a lawyer of record may elect to act in person by serving on the lawyer and every other party and filing, with proof of service, a notice of intention to act in person (Form 15C) that sets out the party’s address for service and telephone number.

Claim for Lawyer’s Lien

(4) A party may move, on notice to the party’s former lawyer of record, for an order determining whether and to what extent the lawyer has a right to a lawyer’s lien.

13. (1) Subrule 15.04 (1) of the Regulation is revoked and the following substituted:

MOTION BY LAWYER FOR REMOVAL AS LAWYER OF RECORD

Client to be Served

(1) A lawyer may move, on notice to his or her client, for an order removing him or her as lawyer of record. 

(2) Subrule 15.04 (6) of the Regulation is revoked and the following substituted:

Corporations

(6) A client that is a corporation shall, within 30 days after being served with the order removing the lawyer from the record,

(a) appoint a new lawyer of record by serving a notice under subrule 15.03 (2); or

(b) obtain and serve an order under subrule 15.01 (2) granting it leave to be represented by a person other than a lawyer. 

(3) Subrule 15.04 (8) of the Regulation is revoked and the following substituted:

Clients Other Than Corporations

(8) A client who is not a corporation shall, within 30 days after being served with the order removing the lawyer from the record,

(a) appoint a new lawyer of record by serving a notice under subrule 15.03 (2); or

(b) serve a notice of intention to act in person under subrule 15.03 (3).

14. Rules 15.05 to 15.07 of the Regulation are revoked and the following substituted:

DUTY OF LAWYER OF RECORD

15.05 A lawyer of record shall act as and remains the lawyer of record for his or her client until,

(a) the client delivers a notice under rule 15.03; or

(b) an order removing the lawyer from the record has been entered, served on the client and every other party and, where required by subrule 15.04 (3), in accordance with that subrule, and filed with proof of service.

WHERE A LAWYER OF RECORD HAS CEASED TO PRACTISE

15.06 Where the lawyer of record for a party has ceased to practise law, and the party for whom the lawyer acted has not served a notice under rule 15.03, any other party may serve a document on the party by mailing a copy to the party at the party’s last known address, or may move for directions.

lawyer from another province

15.07 If a lawyer from another province represents a party to a proceeding, any party to the proceeding may move for directions for the conduct of the proceeding.

15. Clause 16.01 (4) (a) of the Regulation is revoked and the following substituted:

(a) shall be served on a party who has a lawyer of record by serving the lawyer, and service may be made in a manner provided in rule 16.05;

16. Clause 16.02 (1) (h) of the Regulation is revoked and the following substituted:

Attorney General

(h) on the Attorney General of Ontario, by leaving a copy of the document with a lawyer in the Crown Law Office (Civil Law) of the Ministry of the Attorney General;

17. Subrule 16.03 (2) of the Regulation is revoked and the following substituted:

Acceptance of Service by Lawyer

(2) Service on a party who has a lawyer may be made by leaving a copy of the document with the lawyer or an employee in the lawyer’s office, but service under this subrule is effective only if the lawyer endorses on the document or a copy of it an acceptance of service and the date of the acceptance.

18. Subrule 16.05 (1) of the Regulation is revoked and the following substituted:

SERVICE ON LAWYER OF RECORD

(1) Service of a document on the lawyer of record of a party may be made,

(a) by mailing a copy to the lawyer’s office;

(b) by leaving a copy with a lawyer or employee in the lawyer’s office;

(c) by depositing a copy at a document exchange of which the lawyer is a member or subscriber, but service under this clause is effective only if the document or a copy of it and the copy deposited are date stamped by the document exchange in the presence of the person depositing the copy;

(d) by faxing a copy to the lawyer’s office in accordance with subrules (3), (3.1) and (3.2) but, where service is made under this clause between 4 p.m. and midnight, it shall be deemed to have been made on the following day;

(e) by sending a copy to the lawyer’s office by courier; or

(f) by e-mailing a copy to the lawyer’s office in accordance with subrule (4), but service under this rule is effective only if the lawyer of record provides by e-mail an acceptance of service and the date of the acceptance, and where the e-mail acceptance is received between 4 p.m. and midnight, service shall be deemed to have been made on the following day.

19. Subrule 16.09 (3) of the Regulation is revoked and the following substituted:

Lawyer’s Admission or Acceptance

(3) A lawyer’s written admission or acceptance of service is sufficient proof of service and need not be verified by affidavit.

20. (1) Clause 34.04 (1) (a) of the Regulation is revoked and the following substituted:

(a) on the party’s lawyer of record; or

(2) Clause 34.04 (2) (a) of the Regulation is revoked and the following substituted:

(a) on the party’s lawyer of record; or

21. Subclause 37.02 (3) (c) (iii) of the Regulation is revoked and the following substituted:

(iii) removal of a lawyer as lawyer of record;

22. Clause 48.03 (2) (c) of the Regulation is amended by striking out “counsel” and substituting “lawyers”.


23. Subrule 48.14 (6) of the Regulation is revoked and the following substituted:

(6) The lawyers of record shall attend, and the parties may attend, the status hearing.

24. Rule 50.01 of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

WHERE AVAILABLE

50.01 In an action or application, a judge may, at the request of a party or on his or her own initiative, direct the lawyers for the parties, either with or without the parties, and any party not represented by a lawyer, to appear before a judge or officer for a pre-trial conference to consider,

. . . . .

25. (1) The French version of subrule 52.07 (3) of the Regulation is amended by striking out “procureurs” and substituting “avocats”.

(2) Subrule 52.07 (4) of the Regulation is revoked and the following substituted:

(4) Where a party is represented by a lawyer, the right to address the jury shall be exercised by the lawyer.

26. Subrule 57.07 (1) of the Regulation is revoked and the following substituted:

LIABILITY OF LAWYER FOR COSTS

(1) Where a lawyer for a party has caused costs to be incurred without reasonable cause or to be wasted by undue delay, negligence or other default, the court may make an order,

(a) disallowing costs between the lawyer and client or directing the lawyer to repay to the client money paid on account of costs;

(b) directing the lawyer to reimburse the client for any costs that the client has been ordered to pay to any other party; and

(c) requiring the lawyer personally to pay the costs of any party.

27. The English version of subrule 61.11 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

APPELLANT’S FACTUM

(1) The appellant’s factum shall be signed by the appellant’s lawyer, or on the lawyer’s behalf by someone he or she has specifically authorized, and shall consist of,

. . . . .

28. The English version of subrule 61.12 (3) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

Contents of Respondent’s Factum

(3) The respondent’s factum shall be signed by the respondent’s lawyer, or on the lawyer’s behalf by someone he or she has specifically authorized, and shall consist of,

. . . . .

29. Subrules 67.03 (1) and (2) of the Regulation are revoked and the following substituted:

WHERE CONSENT REQUIRED

(1) Approval of the sale, mortgage, lease or other disposition of property of a minor over the age of sixteen years shall not be given unless the consent of the minor has been filed, together with a lawyer’s affidavit stating the lawyer’s belief that the minor understood the consent when the lawyer read and explained it.

(2) A judge hearing an application referred to in subrule (1) may dispense with the necessity of filing the minor’s consent and lawyer’s affidavit.

30. (1) The English version of subrule 68.04 (3) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(3) The applicant’s factum shall be signed by the applicant’s lawyer, or on the lawyer’s behalf by someone he or she has specifically authorized, and shall consist of,

. . . . .

(2) The English version of subrule 68.04 (6) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(6) The respondent’s factum shall be signed by the respondent’s lawyer, or on the lawyer’s behalf by someone he or she has specifically authorized, and shall consist of,

. . . . .

31. Clauses 74.02 (1) (c) and (d) of the Regulation are revoked and the following substituted:

(c) a lawyer who held the will or codicil at the time of retirement from practice;

(d) the estate trustee of a lawyer who held the will or codicil at the time of the lawyer’s death;

32. Subclause 75.07.1 (c) (ii) of the Regulation is amended by striking out “solicitor of record” and substituting “lawyer of record”.

33. Subrule 75.09 (1) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

LAWYER OF RECORD

(1) The lawyer who takes any of the following steps on a party’s behalf is the party’s lawyer of record:

. . . . .

34. Clause 76.05 (5) (c) of the Regulation is revoked and the following substituted:

(c) removal of a lawyer as lawyer of record;

35. Subparagraph 1 iii of subrule 77.12 (5) of the Regulation is revoked and the following substituted:

iii. removal of a lawyer as lawyer of record,

36. The Table of Forms to the Regulation is revoked and the following substituted:

table of forms


Form Number


Form Title


Date of Form




4A


General Heading of Documents — Actions


November 1, 2005




4B


General Heading of Documents — Applications


November 1, 2005




4C


Backsheet


July 1, 2007




4D


Affidavit


July 1, 2007




4E


Requisition


July 1, 2007




4F


Notice of Constitutional Question


July 1, 2007




7A


Request for Appointment of Litigation Guardian


July 1, 2007




7B


Order to Continue (Minor Reaching Age of Majority)


November 1, 2005




8A


Notice to Alleged Partner


July 1, 2007




11A


Order to Continue (Transfer or Transmission of Interest)


November 1, 2005




14A


Statement of Claim (General)


July 1, 2007




14B


Statement of Claim (Mortgage Action — Foreclosure)


July 1, 2007




14C


Notice of Action


July 1, 2007




14D


Statement of Claim (Action Commenced by Notice of Action)


July 1, 2007




14E


Notice of Application


July 1, 2007




14F


Information for Court Use


November 1, 2005




15A


Notice of Change of Lawyer


July 1, 2007




15B


Notice of Appointment of Lawyer


July 1, 2007




15C


Notice of Intention to Act in Person


July 1, 2007




16A


Acknowledgment of Receipt Card


November 1, 2005




16B


Affidavit of Service


July 1, 2007




16C


Certificate of Service by Sheriff


November 1, 2005




17A


Request for Service Abroad of Judicial or Extrajudicial Documents


November 1, 2005




17B


Summary of the Document to be Served


November 1, 2005




17C


Notice and Summary of Document


November 1, 2005




18A


Statement of Defence


July 1, 2007




18B


Notice of Intent to Defend


July 1, 2007




19A


Default Judgment (Debt or Liquidated Demand)


November 1, 2005




19B


Default Judgment (Recovery of Possession of Land)


November 1, 2005




19C


Default Judgment (Recovery of Possession of Personal Property)


November 1, 2005




19D


Requisition for Default Judgment


July 1, 2007




22A


Special Case


July 1, 2007




23A


Notice of Discontinuance


July 1, 2007




23B


Notice of Election to Proceed with Counterclaim


July 1, 2007




23C


Notice of Withdrawal of Defence


July 1, 2007




24.1A


Notice of Name of Mediator and Date of Session


November 1, 2005




24.1B


Notice by Assigned Mediator


November 1, 2005




24.1C


Statement of Issues


November 1, 2005




24.1D


Certificate of Non-Compliance


November 1, 2005




25A


Reply


July 1, 2007




27A


Counterclaim (Against Parties to Main Action Only)


July 1, 2007




27B


Counterclaim (Against Plaintiff and Person not Already Party to Main Action)


July 1, 2007




27C


Defence to Counterclaim


July 1, 2007




27D


Reply to Defence to Counterclaim


July 1, 2007




28A


Crossclaim


July 1, 2007




28B


Defence to Crossclaim


July 1, 2007




28C


Reply to Defence to Crossclaim


July 1, 2007




29A


Third Party Claim


July 1, 2007




29B


Third Party Defence


July 1, 2007




29C


Reply to Third Party Defence


July 1, 2007




30A


Affidavit of Documents (Individual)


November 1, 2005




30B


Affidavit of Documents (Corporation or Partnership)


November 1, 2005




30C


Request to Inspect Documents


July 1, 2007




34A


Notice of Examination


July 1, 2007




34B


Summons to Witness (Examination out of Court)


July 1, 2007




34C


Commission


November 1, 2005




34D


Letter of Request


November 1, 2005




34E


Order for Commission and Letter of Request


November 1, 2005




35A


Questions on Written Examination for Discovery


July 1, 2007




35B


Answers on Written Examination for Discovery


November 1, 2005




37A


Notice of Motion


July 1, 2007




37B


Confirmation of Motion


July 1, 2007




37C


Refusals and Undertakings Chart


November 1, 2005




38A


Notice of Appearance


July 1, 2007




38B


Confirmation of Application


July 1, 2007




42A


Certificate of Pending Litigation


November 1, 2005




43A


Interpleader Order — General


November 1, 2005




44A


Bond — Interim Recovery of Personal Property


November 1, 2005




47A


Jury Notice


July 1, 2007




48C


Status Notice


July 1, 2007




48D


Order Dismissing Action for Delay


November 1, 2005




49A


Offer to Settle


July 1, 2007




49B


Notice of Withdrawal of Offer


July 1, 2007




49C


Acceptance of Offer


July 1, 2007




49D


Offer to Contribute


July 1, 2007




51A


Request to Admit


July 1, 2007




51B


Response to Request to Admit


July 1, 2007




53A


Summons to Witness (at Hearing)


July 1, 2007




53B


Warrant for Arrest (Defaulting Witness)


November 1, 2005




53C


Summons to a Witness Outside Ontario


July 1, 2007




53D


Order for Attendance of Witness in Custody


November 1, 2005




55A


Notice of Hearing for Directions


July 1, 2007




55B


Notice to Party Added on Reference


July 1, 2007




55C


Report on Reference (Administration of Estate)


November 1, 2005




55D


Notice of Contested Claim


July 1, 2007




55E


Notice to Creditor


July 1, 2007




55F


Conditions of Sale


July 1, 2007




55G


Interim Report on Sale


November 1, 2005




56A


Order for Security for Costs


November 1, 2005




57A


Bill of Costs


November 1, 2005




57B


Costs Outline


July 1, 2007




58A


Notice of Appointment for Assessment of Costs


July 1, 2007




58B


Notice to Deliver a Bill of Costs for Assessment


July 1, 2007




58C


Certificate of Assessment of Costs


November 1, 2005




59A


Order


July 1, 2007




59B


Judgment


July 1, 2007




59C


Order on Appeal


July 1, 2007




60A


Writ of Seizure and Sale


July 1, 2007




60B


Writ of Sequestration


November 1, 2005




60C


Writ of Possession


November 1, 2005




60D


Writ of Delivery


November 1, 2005




60E


Request to Renew


July 1, 2007




60F


Direction to Enforce Writ of Seizure and Sale


November 1, 2005




60G


Requisition for Garnishment


November 1, 2005




60G.1


Requisition for Renewal of Garnishment


November 1, 2005




60H


Notice of Garnishment


November 1, 2005




60H.1


Notice of Renewal of Garnishment


November 1, 2005




60I


Garnishee’s Statement


November 1, 2005




60I.1


Notice to Co-owner of the Debt


November 1, 2005




60J


Notice of Termination of Garnishment


July 1, 2007




60K


Warrant for Arrest (Contempt)


November 1, 2005




60L


Warrant of Committal


November 1, 2005




60M


Notice of Claim


July 1, 2007




60N


Sheriff’s Report


July 1, 2007




60O


Request to Withdraw a Writ


November 1, 2005




61A


Notice of Appeal to an Appellate Court


November 1, 2005




61B


General Heading in Proceedings in Appellate Courts


November 1, 2005




61C


Appellant’s Certificate Respecting Evidence


November 1, 2005




61D


Respondent’s Certificate Respecting Evidence


November 1, 2005




61E


Notice of Cross-Appeal


July 1, 2007




61F


Supplementary Notice of Appeal or Cross-Appeal


July 1, 2007




61G


Notice of Listing for Hearing (Appeal)


November 1, 2005




61H


Certificate of Completeness of Appeal Book and Compendium


July 1, 2007




61I


Order Dismissing Appeal or Cross-Appeal for Delay


November 1, 2005




61J


Order Dismissing Motion for Leave to Appeal for Delay


November 1, 2005




61J.1


Order Dismissing Motion for Delay


November 1, 2005




61K


Notice of Abandonment of Appeal or Cross-Appeal


July 1, 2007




61L


Notice of Election to Proceed with Cross-Appeal


July 1, 2007




62A


Notice of Appeal to a Judge


July 1, 2007




63A


Certificate of Stay


November 1, 2005




63B


Certificate of Stay


November 1, 2005




64A


Request to Redeem


July 1, 2007




64B


Default Judgment for Foreclosure with a Reference


November 1, 2005




64C


Default Judgment for Immediate Foreclosure


November 1, 2005




64D


Default Judgment for Foreclosure without a Reference


July 1, 2007




64E


Final Order of Foreclosure


July 1, 2007




64F


Request for Sale


July 1, 2007




64G


Default Judgment for Sale with a Redemption Period (Action Converted from Foreclosure to Sale)


November 1, 2005




64H


Default Judgment for Immediate Sale (Action Converted from Foreclosure to Sale)


November 1, 2005




64I


Default Judgment for Sale Conditional on Proof of Claim (Action Converted from Foreclosure to Sale)


November 1, 2005




64J


Default Judgment for Immediate Sale


November 1, 2005




64K


Default Judgment for Sale with a Redemption Period


November 1, 2005




64L


Final Order for Sale


July 1, 2007




64M


Default Judgment for Redemption


November 1, 2005




64N


Notice of Reference to Subsequent Encumbrancer Added on Reference


November 1, 2005




64O


Notice of Reference to Subsequent Encumbrancer Named as Original Party


November 1, 2005




64P


Notice of Reference to Original Defendants


November 1, 2005




64Q


Notice to Added Defendant Having Interest in Equity


November 1, 2005




65A


Judgment for Administration of Estate


November 1, 2005




66A


Judgment for Partition or Sale


November 1, 2005




68A


Notice of Application to Divisional Court for Judicial Review


July 1, 2007




68B


Notice of Listing for Hearing (Judicial Review)


November 1, 2005




68C


Order Dismissing Application for Judicial Review


November 1, 2005




72A


Notice of Payment into Court


July 1, 2007




72B


Affidavit (Motion for Payment Out of Court)


July 1, 2007




72C


Stop Order


July 1, 2007




73A


Notice of Application for Registration of United Kingdom Judgment


July 1, 2007




74.1


Notice to Estate Registrar of Deposit of Will or Codicil


November 1, 2005




74.2


Notice to Estate Registrar of Withdrawal of Will or Codicil


November 1, 2005




74.3


Request for Notice of Commencement of Proceeding


November 1, 2005




74.4


Application for Certificate of Appointment of Estate Trustee with a Will (Individual Applicant)


November 1, 2005




74.4.1


Application for Certificate of Appointment of Estate Trustee with a Will (Individual Applicant) Limited to Assets Referred to In the Will


November 1, 2005




74.5


Application for Certificate of Appointment of Estate Trustee with a Will (Corporate Applicant)


November 1, 2005




74.5.1


Application for Certificate of Appointment of Estate Trustee with a Will (Corporate Applicant) Limited to Assets Referred to in the Will


November 1, 2005




74.6


Affidavit of Service of Notice


November 1, 2005




74.7


Notice of an Application for a Certificate of Appointment of Estate Trustee with a Will


November 1, 2005




74.8


Affidavit of Execution of Will or Codicil


November 1, 2005




74.9


Affidavit Attesting to the Handwriting and Signature of a Holograph Will or Codicil


November 1, 2005




74.10


Affidavit of Condition of Will or Codicil


November 1, 2005




74.11


Renunciation of Right to a Certificate of Appointment of Estate Trustee (or Succeeding Estate Trustee) with a Will


November 1, 2005




74.12


Consent to Applicant’s Appointment as Estate Trustee with a Will


November 1, 2005




74.13


Certificate of Appointment of Estate Trustee with a Will


November 1, 2005




74.13.1


Certificate of Appointment of Estate Trustee with a Will Limited to the Assets Referred to in the Will


November 1, 2005




74.14


Application for Certificate of Appointment of Estate Trustee without a Will (Individual Applicant)


November 1, 2005




74.15


Application for Certificate of Appointment of Estate Trustee without a Will (Corporate Applicant)


November 1, 2005




74.16


Affidavit of Service of Notice


November 1, 2005




74.17


Notice of an Application for a Certificate of Appointment of Estate Trustee without a Will


November 1, 2005




74.18


Renunciation of Prior Right to a Certificate of Appointment of Estate Trustee without a Will


November 1, 2005




74.19


Consent to Applicant’s Appointment as Estate Trustee without a Will


November 1, 2005




74.20


Certificate of Appointment of Estate Trustee without a Will


November 1, 2005




74.20.1


Application for Certificate of Appointment of a Foreign Estate Trustee’s Nominee as Estate Trustee without a Will


November 1, 2005




74.20.2


Nomination of Applicant by Foreign Estate Trustee


November 1, 2005




74.20.3


Certificate of Appointment of Foreign Estate Trustee’s Nominee as Estate Trustee without a Will


November 1, 2005




74.21


Application for Certificate of Appointment as Succeeding Estate Trustee with a Will


November 1, 2005




74.22


Consent to Applicant’s Appointment as Succeeding Estate Trustee with a Will


November 1, 2005




74.23


Certificate of Appointment of Succeeding Estate Trustee with a Will


November 1, 2005




74.24


Application for Certificate of Appointment as Succeeding Estate Trustee without a Will


November 1, 2005




74.25


Consent to Applicant’s Appointment as Succeeding Estate Trustee without a Will


November 1, 2005




74.26


Certificate of Appointment of Succeeding Estate Trustee without a Will


November 1, 2005




74.27


Application for Confirmation by Resealing of Appointment or Certificate of Ancillary Appointment of Estate Trustee


November 1, 2005




74.28


Confirmation by Resealing of Appointment of Estate Trustee


November 1, 2005




74.29


Certificate of Ancillary Appointment of Estate Trustee with a Will


November 1, 2005




74.30


Application for Certificate of Appointment of Estate Trustee During Litigation


November 1, 2005




74.31


Certificate of Appointment of Estate Trustee During Litigation


November 1, 2005




74.32


Bond — Insurance or Guarantee Company


November 1, 2005




74.33


Bond — Personal Sureties


November 1, 2005




74.34


Registrar’s Notice to Estate Trustee Named in a Deposited Will of Application for Certificate of Appointment of Estate Trustee with a Will


November 1, 2005




74.35


Registrar’s Notice to Estate Trustee Named in a Deposited Will of Application for Certificate of Appointment of Estate Trustee without a Will


November 1, 2005




74.36


Order to Accept or Refuse Appointment as Estate Trustee with a Will


November 1, 2005




74.37


Order to Accept or Refuse Appointment as Estate Trustee without a Will


November 1, 2005




74.38


Order to Consent or Object to a Proposed Appointment of an Estate Trustee with or without a Will


July 1, 2007




74.39


Order to File a Statement of Assets of the Estate


November 1, 2005




74.40


Order to Beneficiary Witness


November 1, 2005




74.41


Order to Former Spouse


November 1, 2005




74.42


Order to Pass Accounts


November 1, 2005




74.43


Affidavit Verifying Estate Accounts


November 1, 2005




74.44


Notice of Application to Pass Accounts


July 1, 2007




74.45


Notice of Objection to Accounts


July 1, 2007




74.46


Notice of No Objection to Accounts


July 1, 2007




74.46.1


Notice of Non-Participation in Passing of Accounts


July 1, 2007




74.47


Affidavit in Support of Unopposed Judgment on Passing of Accounts


November 1, 2005




74.48


Notice of Withdrawal of Objection


July 1, 2007




74.49


Request for Costs (Person other than Children’s Lawyer or Public Guardian and Trustee)


July 1, 2007




74.49.1


Request for Costs (Children’s Lawyer or Public Guardian and Trustee)


July 1, 2007




74.49.2


Request for Increased Costs (Estate Trustee)


July 1, 2007




74.49.3


Request for Increased Costs (Person other than Estate Trustee)


July 1, 2007




74.50


Judgment on Unopposed Passing of Accounts


November 1, 2005




74.51


Judgment on Contested Passing of Accounts


July 1, 2007




75.1


Notice of Objection


July 1, 2007




75.1A


Request for Assignment of Mediator


November 1, 2005




75.1B


Notice by Mediator


November 1, 2005




75.1C


Statement of Issues


November 1, 2005




75.1D


Certificate of Non-Compliance


November 1, 2005




75.2


Notice that Objection has been Filed


July 1, 2007




75.3


Notice to Objector


July 1, 2007




75.4


Notice of Appearance


July 1, 2007




75.5


Notice of Application for Directions


July 1, 2007




75.6


Notice of Motion for Directions


July 1, 2007




75.7


Statement of Claim Pursuant to Order Giving Directions


November 1, 2005




75.8


Order Giving Directions Where Pleadings Directed


July 1, 2007




75.9


Order Giving Directions Where Trial of Issues Directed


July 1, 2007




75.10


Statement of Submission of Rights to the Court


July 1, 2007




75.11


Notice of Settlement


July 1, 2007




75.12


Rejection of Settlement


July 1, 2007




75.13


Notice of Contestation


July 1, 2007




75.14


Claim Against Estate


November 1, 2005




76A


Notice Whether Action under Rule 76


November 1, 2005




76B


Simplified Procedure Motion Form


November 1, 2005




76C


Notice of Readiness for Pre-Trial Conference


November 1, 2005




76D


Trial Management Checklist


November 1, 2005




77C


Case Management Motion Form


November 1, 2005




77D


Trial Management Conference Form


November 1, 2005




78A


Timetable


November 1, 2005




 

37. Item 36 of Part II of Tariff A of the Regulation is amended by striking out “solicitor’s” and substituting “lawyer’s”.

38. (1) The heading to Tariff C of the Regulation is revoked and the following substituted:

TARIFF C LAWYERS’ Costs Allowed on Passing of Accounts Without a Hearing

(2) Item (2) of Tariff C of the Regulation is amended by striking out “solicitor” and substituting “lawyer”.

(3) The first note to Tariff C of the Regulation is amended by striking out “solicitor” and substituting “lawyer”.

39. (1) Subject to subsection (2), this Regulation comes into force on July 1, 2008.

(2) Subsection 7 (1) comes into force on January 1, 2008.

 

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