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

filed December 20, 2007 under Courts of Justice Act, R.S.O. 1990, c. C.43

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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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