O. Reg. 690/20: RULES OF CIVIL PROCEDURE

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ontario regulation 690/20

made under the

Courts of Justice Act

Made: November 23, 2020
Approved: November 26, 2020
Filed: November 30, 2020
Published on e-Laws: November 30, 2020
Printed in The Ontario Gazette: December 19, 2020

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

(RULES OF CIVIL PROCEDURE)

1. (1) Subrule 74.02 (4) of Regulation 194 of the Revised Regulations of Ontario, 1990 is revoked.

(2) Subrule 74.02 (7.5) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

Duties of Registrar on Delivery of Will or Codicil

(7.5) In delivering a will or codicil under subrule (7) or (7.1), the registrar shall retain,

. . . .  .

2. Subrule 74.04 (7) of the Regulation is revoked and the following substituted:

Service

(7) Notice under this rule shall be served on all persons, including charities, the Children’s Lawyer and the Public Guardian and Trustee, and, unless the court specifies another method of service, may be served by,

(a) personal service;

(b) e-mail, to the last e-mail address for service provided by the person or, if no such e-mail address has been provided, to the person’s last known e-mail address; or

(c) mail or courier, to the person’s last known address.

3. Subrule 74.05 (5) of the Regulation is revoked and the following substituted:

Service

(5) Notice under this rule shall be served on all persons, including the Children’s Lawyer and the Public Guardian and Trustee, and, unless the court specifies another method of service, may be served by,

(a) personal service;

(b) e-mail, to the last e-mail address for service provided by the person or, if no such e-mail address has been provided, to the person’s last known e-mail address; or

(c) mail or courier, to the person’s last known address.

4. Subrules 74.12 (1), (2) and (3) of the Regulation are revoked and the following substituted:

PROCEDURE ON APPLICATIONS FOR CERTIFICATES OF APPOINTMENT OF ESTATE TRUSTEES

(1)  If the registrar determines that a will or codicil has been deposited in the Superior Court of Justice that prevents confirmation under clause 16 (c) or (d) of the Estates Act, the registrar shall send a copy of the application, together with a notice in Form 74.34, to the estate trustee named in the deposited will or codicil by regular lettermail to the last address on record with the court.

5. Rule 74.14 of the Regulation is revoked and the following substituted:

Issuance of Certificate of Appointment of Estate Trustee

74.14 (1) The registrar may issue a certificate of appointment of estate trustee,

(a) if the registrar is satisfied that,

(i) issuance is not prevented under section 16 of the Estates Act,

(ii) the application for the certificate contains the information, evidence and supporting documentation required by these rules or under any Act, and

(iii) the applicant has met the requirements of subrule 74.13 (1) or (2), or has obtained an order under subsection 4 (1) of the Estate Administration Tax Act, 1998; or

(b) if directed to do so by a judge.

Request by Registrar

(2) In making a determination for the purposes of clause (1) (a), the registrar may request that the applicant provide to the registrar any required information, or file any required evidence or documentation.

Refusal

(3) If the registrar is not satisfied that the conditions set out in clause (1) (a) have been met, the registrar shall, subject to subrule (4), refuse to issue the certificate.

Referral to Judge

(4) The registrar shall refer an application for a certificate of appointment of estate trustee to a judge for determination if, in the registrar’s opinion, the application raises an issue that requires determination by a judge.

Notice of Refusal

(5) If the registrar refuses under subrule (3) to issue the certificate, the registrar shall send a notice in Form 74.35 to the applicant or the applicant’s lawyer by,

(a) regular lettermail to the mailing address shown in the application; or

(b) by e-mail to the e-mail address most recently indicated for the applicant or the applicant’s lawyer in the applicable court file, if any, or, in the case of a lawyer whose e-mail address is not indicated in the court file, the e-mail address for the lawyer as published on the Law Society of Ontario’s website.

6. Subrule 75.03 (1) of the Regulation is amended by striking out “the registrar or the Estate Registrar for Ontario” and substituting “the court”.

7. (1) The Table of Forms to the Regulation is amended by striking out the rows for Forms 74.1 and 74.2.

(2) The rows for Forms 74.6, 74.7, 74.16 and 74.17 in the Table of Forms to the Regulation are amended by striking out the date in the column titled “Date of Form” and substituting “October 1, 2020”.

(3) The Table of Forms to the Regulation is amended by striking out the rows for Forms 74.34 and 74.35 and substituting the following:

 

74.34	Registrar’s Notice to Estate Trustee Named in a Will or Codicil Deposited with the Court	October 1, 2020
74.35	Registrar’s Notice to Applicant in an Application for a Certificate of Appointment of Estate Trustee	October 1, 2020

 

(4) The row for Form 75.1 in the Table of Forms to the Regulation is amended by striking out “July 1, 2007” in the column titled “Date of Form” and substituting “October 1, 2020”.

Commencement

8. This Regulation comes into force on the later of January 8, 2021 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 / Advocate Principale

Court of Appeal of Ontario

Date made: November 23, 2020
Pris le : 23 novembre 2020

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

Le procureur général,

Doug Downey

Attorney General

Date approved: November 26, 2020
Approuvé le : 26 novembre 2020

 

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