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O. Reg. 435/22: RULES OF CIVIL PROCEDURE

filed April 26, 2022 under Courts of Justice Act, R.S.O. 1990, c. C.43

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ontario regulation 435/22

made under the

Courts of Justice Act

Made: April 13, 2022
Approved: April 20, 2022
Filed: April 26, 2022
Published on e-Laws: April 26, 2022
Printed in The Ontario Gazette: May 14, 2022

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

(RULES OF CIVIL PROCEDURE)

1. (1) Clause 74.04 (1) (c) of Regulation 194 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

(c) a draft certificate of appointment of estate trustee (Form 74C), with a copy of the will, if any, including any codicils, attached to it;

(c.1) any court order directing the issuance of the certificate;

(2) Clause 74.04 (1) (d) of the Regulation is amended by striking out the portion before subclause (i) and substituting the following:

(d) if there is a will, the original of the will and of any codicils, attached and marked as an exhibit to,

. . . . .

2. (1) Subrule 74.11 (2) of the Regulation is amended by striking out “applicant for appointment” and substituting “applicant for a certificate of appointment of estate trustee or confirmation of appointment”.

(2) Rule 74.11 of the Regulation is amended by adding the following subrules:

Order Dispensing with Bond or Reducing Bond Amount

(3) An applicant for a certificate of appointment of estate trustee or confirmation of appointment may make a motion for an order,

(a) under subsection 37 (2) of the Estates Act, dispensing with the requirement to give the bond or reducing the amount of the bond required to be given; or

(b) under subsection 52 (3) of the Estates Act, permitting like security to be given covering the assets in Ontario as in the case of an application for a certificate of appointment of estate trustee.

Procedures

(4) For greater certainty, Rule 37 applies with respect to a motion referred to in subrule (2) or (3).

Request on Consent

(5) An applicant for a certificate of appointment of estate trustee or confirmation of appointment may, in the following circumstances, request an order referred to in subrule (3) without making a motion by filing the documents listed in subrule (6) together with the application for the certificate or confirmation of the appointment (Form 74A, 74J or 74.1A):

1. The request is made on consent of the persons who are entitled to share in the distribution of the estate.

2. None of the persons entitled to share in the distribution of the estate is,

i. a minor, or

ii. a person who is mentally incapable within the meaning of section 6 of the Substitute Decisions Act, 1992 in respect of an issue in the proceeding, unless there is a guardian or attorney acting under a power of attorney with authority to act in the proceeding.

(6) The following documents shall be filed together with the application:

1. A draft order (Form 74I).

2. A consent to the order (Form 74H) from each person who is entitled to share in the distribution of the estate.

3. An affidavit (Form 4D) setting out,

i. that the application identifies each of the persons entitled to share in the distribution of the estate and the deceased’s last occupation,

ii. the debts of the deceased at the time of death, including any obligations under an order or support agreement, and, in respect of each debt, whether the debt has been paid,

iii. whether the deceased operated a business at the time of death and, if so, whether any debts of that business have been or may be claimed against the estate and a description of each such debt and its amount,

iv. if all the debts of the estate have not been paid,

A. the value of the assets of the estate,

B. the particulars of each debt of the estate, including the debt amount and the name of the creditor, and

C. with respect to each creditor, whether any arrangements have been made with the creditor to pay the debt, and what security the applicant proposes to put in place in order to protect the creditor,

v. whether the consents required by paragraph 2 are being filed together with the application, and

vi. whether any of the persons entitled to share in the distribution of the estate is,

A. a minor, or

B. a person who is mentally incapable within the meaning of section 6 of the Substitute Decisions Act, 1992 in respect of an issue in the proceeding and without a guardian or attorney acting under a power of attorney with authority to act in the proceeding.

3. Subrules 74.12 (5) and (6) of the Regulation are revoked and the following substituted:

Registrar’s Notes

(5) If a judge makes an order voiding a devise or bequest of a beneficial interest under a will or codicil, or declaring that a person named in the application as a person who is entitled to share in the distribution of the estate does not have an interest in the estate, the registrar shall note that fact, and the date on which the order was made, on the certificate of appointment.

4. The English version of clause 74.14 (5) (b) of the Regulation is amended by striking out “by” at the beginning.

5. (1) Clause 74.1.03 (1) (c) of the Regulation is revoked and the following substituted:

(c) a draft small estate certificate (Form 74.1C), with a copy of the will, if any, including any codicils, attached to it;

(c.1) any court order directing the issuance of the certificate;

(2) Clause 74.1.03 (1) (d) of the Regulation is amended by striking out the portion before subclause (i) and substituting the following:

(d) if there is a will, the original of the will and of any codicils, attached and marked as an exhibit to,

. . . .  .

6. (1) The rows for Forms 74A, 74C, 74D, 74E, 74I, 74J, 74.1B, 74.1C and 74.1F in the Table of Forms to the Regulation are amended by striking out “September 1, 2021” in the column titled “Date of Form” and substituting “February 1, 2022”.

(2) The Table of Forms to the Regulation is amended by striking out the row for Form 74.1A and substituting the following:

 

74.1A

Application for a Small Estate Certificate (Estate Valued at $150,000 or Less)

February 1, 2022

 

Commencement

7. This Regulation comes into force on the later of July 1, 2022 and the day this Regulation is filed.

Made by:
Pris par :

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

Shannon Chace

Excecutive Legal Officer / Avocate Directrice
Secretary of the Civil Rules Committee / Secrétaire du Comité des règles en matière civile
Court of Appeal for Ontario

Date made: April 13, 2022
Pris le : 13 avril 2022

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

Le procureur général,

Doug Downey

Attorney General

Date approved: April 20, 2022
Approuvé le : 20 avril 2022

 

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