O. Reg. 193/15: RULES OF CIVIL PROCEDURE

Link to law: http://www.ontario.ca/laws/regulation/r15193
Published: 2015-07-09

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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’s death, including a 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, 2002 declaring 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

74.14.1 Authentication of a certificate of appointment issued under this Rule may 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 executorship on the death of an estate trustee with a will,

(ii) the death of an estate trustee, if one or more surviving 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 applicable certificate 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 confirming the status of a person as an estate trustee by devolution of executorship on the death of an estate trustee with 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 will and 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 affidavit setting out the circumstances authorizing the person to act as an estate trustee, with proof of death of the deceased estate trustee attached 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 attorney or 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 notice in passing of accounts is entitled to,

(a) receive notice of any further step in the application;

(b) receive any further document in the application;

(c) file material relating to costs under 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) but does 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 accounts in 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 accounts in 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 Lawyer was 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 under subrule (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 under subrule (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 issue proceed to trial and 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”.

20. Subrule 75.1.10 (1) of the Regulation is revoked and the following  substituted:

Remedy for Non-Compliance

(1) If a certificate of non-compliance is filed, the party with carriage of the mediation shall, within 15 days after the date fixed for the mediation session that was cancelled, bring a motion for further directions before a judge, except in the City of Ottawa where the motion shall be brought before a case management master.

(1.1) If the party fails to bring the motion within that time, any other designated party may, within 30 days after the date fixed for the mediation session that was cancelled, bring the motion.

21. Subrule 75.1.12 (7) of the Regulation is revoked and the following substituted:

No Agreement

(7) If no agreement is reached that resolves all the issues in dispute, the matter shall proceed in accordance with any directions given under subrule 74.18 (13.1) or rule 75.06.

(8) Except in a contested passing of accounts under rule 74.18, if no directions have been given, a motion for directions under rule 75.06 shall be made as soon as possible by any of the designated parties.

22. The Regulation is amended by adding the following Rule:

Rule 75.2  Court-Ordered Estates Mediation

Application

75.2.01 This Rule applies to proceedings for which the court gives direction under clause 74.18 (13.2) (b) or 75.06 (3.1) (b) that a mediation session be conducted.

Definition

75.2.02 In this Rule,

“designated party” means a party whom an order under clause 74.18 (13.2) (b) or 75.06 (3.1) (b) or subrule 75.2.03 (4) requires to attend a mediation session in person.

Directions for Conduct of Mediation

Motion for Directions

75.2.03 (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) The motion may be combined with a motion under rule 75.06.

Exception

(3) Subrule (1) does not apply if the court has already given directions for the conduct of the mediation under clause 74.18 (13.2) (b) or 75.06 (3.1) (b), unless the court orders otherwise.

Directions

(4) On the hearing of the motion under this rule, the court may give any direction that may be given under subrule 75.1.05 (4).

Mediator

75.2.04 (1) A mediation under this Rule shall be conducted by a person agreed to by the designated parties, subject to subrule (2).

(2) If the designated parties have not chosen a mediator within 30 days after an order giving directions is made under clause 74.18 (13.2) (b) or 75.06 (3.1) (b) or subrule 75.2.03 (4), as the case may be, the court shall, on motion by a designated party, assign a mediator on such terms as may be agreed to by the designated parties or ordered by the court.

(3) A mediator shall not be assigned under subrule (2) without his or her prior consent.

(4) Every person who is chosen or assigned to conduct a mediation under this Rule is required to comply with this Rule.

Procedure before Mediation Session

Statement of Issues

75.2.05 (1) At least seven days before the mediation session, every designated party shall prepare a statement in Form 75.1C and provide a copy to every other designated party and to the mediator.

(2) The statement shall identify the factual and legal issues in dispute and briefly set out the position and interests of the party making the statement.

(3) The party making the statement shall attach to it any documents that the party considers of central importance in the proceeding.

Non-Compliance

(4) If it is not practical to conduct a mediation session because a designated party fails to comply with subrule (1), the mediator shall cancel the session and immediately file with the court a certificate of non-compliance (Form 75.1D).

ATTENDANCE AT MEDIATION SESSION

Who is Required to Attend

75.2.06 (1) The designated parties, and their lawyers if the designated parties are represented, are required to attend the mediation session.

Authority to Settle

(2) A designated party who requires another person’s approval before agreeing to a settlement shall, before the mediation session, arrange to have ready telephone access to the other person throughout the session, whether it takes place during or after regular business hours.

Failure to Attend

(3) If it is not practical to conduct a scheduled mediation session because a designated party fails to attend within the first 30 minutes of the time appointed for the commencement of the session, the mediator shall cancel the session and immediately file with the court a certificate of non-compliance (Form 75.1D).

REMEDY FOR NON-COMPLIANCE

75.2.07 (1) If a certificate of non-compliance is filed, the applicant shall, within 15 days after the date fixed for the mediation session that was cancelled, bring a motion for further directions.

(2) If the applicant fails to bring the motion within that time, any other designated party may, within 30 days after the date fixed for the mediation session that was cancelled, bring the motion.

(3) The court hearing the motion may require the designated parties to appear before the court and may,

(a) establish a timetable for the proceeding;

(b) strike out any document filed by a designated party;

(c) order a designated party to pay costs; or

(d) make any other order that is just.

CONFIDENTIALITY

75.2.08 All communications at a mediation session and the mediator’s notes and records shall be deemed to be without prejudice settlement discussions.

OUTCOME OF MEDIATION

Mediator’s Report

75.2.09 (1) The mediator shall give the designated parties a report on the mediation within 10 days after the mediation is concluded.

(2) The applicant shall file the report with the court within 10 days after receiving it from the mediator.

Agreement

(3) If there is an agreement resolving some or all of the issues in dispute, it shall be signed by the designated parties or their lawyers.

(4) If the agreement resolves all the issues in dispute, the applicant or another designated party agreed to by the designated parties shall file a notice to that effect with the court,

(a) in the case of an unconditional agreement, within 10 days after the agreement is signed;

(b) in the case of a conditional agreement, within 10 days after the condition is satisfied.

(5) Despite subrule (4), if rule 7.08 (person under disability, approval of settlement) also applies to the agreement, the notice shall be filed within 10 days after the event mentioned in clause (4) (a) or (b), or within 10 days after the agreement is approved, whichever is later.

Failure to Comply with Signed Agreement

(6) If a party to a signed agreement fails to comply with its terms, any other party to the agreement may,

(a) make a motion to a judge for judgment in the terms of the agreement, and the judge may grant judgment accordingly; or

(b) continue the proceeding as if there had been no agreement.

No Agreement

(7) If no agreement is reached that resolves all the issues in dispute, the matter shall proceed in accordance with any directions given under subrule 74.18 (13.1) or rule 75.06.

(8) Except in a contested passing of accounts under rule 74.18, if no directions have been given, a motion for directions under rule 75.06 shall be made as soon as possible by any of the designated parties.

CONSENT ORDER FOR ADDITIONAL MEDIATION SESSION

75.2.10 (1) With the consent of the designated parties, the court may, at any stage in the proceeding, make an order requiring them to participate in an additional mediation session.

(2) The court may include any necessary directions in the order.

(3) Rules 75.2.04 to 75.2.09 apply in respect of the additional session, with necessary modifications.

23. (1) The Table of Forms to the Regulation is amended by striking out,

 


74.4


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


April 11, 2012




74.4.1


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


April 11, 2012




74.5


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


April 11, 2012




74.5.1


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


April 11, 2012




and substituting the following:

 


74.4


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


February 1, 2015




74.4.1


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


February 1, 2015




74.5


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


February 1, 2015




74.5.1


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


February 1, 2015




(2) The Table of Forms to the Regulation is amended by striking out,

 


74.7


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


April 11, 2012



and substituting the following:

 


74.7


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


February 1, 2015



(3) The Table of Forms to the Regulation is amended by adding the following:

 


74.12.1


Consent to Applicant’s Appointment as Estate Trustee with a Will Limited to the Assets Referred to in the Will


February 1, 2015



(4) The Table of Forms to the Regulation is amended by striking out,

 


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




and substituting the following:

 


74.13


Certificate of Appointment of Estate Trustee with a Will


February 1, 2015




74.13.1


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


February 1, 2015




(5) The Table of Forms to the Regulation is amended by striking out,

 


74.14


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


April 11, 2012




74.15


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


April 11, 2012




and substituting the following:

 


74.14


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


February 1, 2015




74.15


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


February 1, 2015




(6) The Table of Forms to the Regulation is amended by striking out,

 


74.20.1


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


April 11, 2012



and substituting the following:

 


74.20.1


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


February 1, 2015



(7) The Table of Forms to the Regulation is amended by striking out,

 


74.23


Certificate of Appointment of Succeeding Estate Trustee with a Will


November 1, 2005




74.23.1


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


April 11, 2012




and substituting the following:

 


74.23


Certificate of Appointment of Succeeding Estate Trustee with a Will


February 1, 2015




74.23.1


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


February 1, 2015




(8) The Table of Forms to the Regulation is amended by striking out,

 


74.27


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


November 1, 2005



and substituting the following:

 


74.27


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


February 1, 2015



(9) The Table of Forms to the Regulation is amended by striking out,

 


74.28


Confirmation by Resealing of Appointment of Estate Trustee


November 1, 2005



and substituting the following:

 


74.28


Confirmation by Resealing of Appointment of Estate Trustee


February 1, 2015



(10) The Table of Forms to the Regulation is amended by adding the following:

 


74.45.1


Request for Further Notice in Passing of Accounts


February 1, 2015



. . . . .

 


74.49.4


Reply to Notice of Objection to Accounts


February 1, 2015



Commencement

24. (1) Subject to subsections (2) and (3), this Regulation comes into force on the day it is filed.

(2) Sections 1, 2 and 3 and subsections 23 (1), (5), (6) and (8) come into force on the later of July 1, 2015 and the day this Regulation is filed.

(3) Sections 4, 6 to 13, subsections 14 (1) and 15 (2), section 17, subsection 19 (1), sections 20, 21 and 22, and subsections 23 (2), (3), (4), (7), (9) and (10) come into force on the later of January 1, 2016 and the day this Regulation is filed.

Made by:
Pris par :

Civil Rules Committee:
Le Comité des règles en matière civile :

Alison Warner

Senior Legal Officer, Court of Appeal for Ontario (Avocat Principal, Cour d’appel de l’Ontario) and Secretary Civil Rules Committee

Date made: June 2, 2015.
Pris le : 2 juin 2015.

I approve this Regulation.
J’approuve le présent règlement.

La procureure générale,

Madeleine Meilleur

Attorney General

Date approved: July 8, 2015.
Approuvé le : 8 juillet 2015.

 

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