Trusts and Estates

PRIOR RESPONSES

“The materials usually accepted by the Toronto Estate Court (pre Covid) on an unopposed passing is not being accepted post Covid. How is an unopposed passing of accounts to proceed in Toronto?”

The Toronto Estates Lists judges are hearing select applications and motions, including matters that are proceeding in writing on the consent of all parties, pursuant to the Toronto SCJ Notice to the Profession.
The Toronto Estates Office adopted temporary procedures relating to applications to pass accounts that are proceeding on consent or unopposed. The process can be summarized as follows:

  • Where a deadline for filing a Notice of Objection or another document in an audit application was required by the RCP to be filed prior to March 16, 2020, the application can proceed to a judge in-writing on an uncontested basis.
  • Where a deadline for filing a Notice of Objection or another document in an audit application was required by the RCP to be filed on or after March 16, 2020, an amended notice of application to pass accounts may be filed containing a hearing date change to “a date to be set by the registrar”.

    A Registrar will issue the amended application and the materials required by the rules may be filed to have the application heard by a judge in-writing.

“Will the Ministry amend the OIC to clarify that wills can be signed in counterpart to avoid the need to transmit a single paper document?”

The Lieutenant Governor in Council has amended the order under s. 7.0.2(4), of the Emergency Management and Civil Protection Act permitting wills and POAs to be witnessed virtually (through audio – visual communication) to allow these documents to be signed in counterpart from the date of the order. 
The OBA advocated for this change to allow for a more efficient manner of executing these documents without the risks associated with passing the document between parties.
You can find a copy of the order here.

“Will the Court give high priority to probate issues?”

These matters must be considered urgent, as set out in paragraphs 3 and 4 of this SCJ Notice to the Profession.

Are file applications such as an Application for Certificate of Appointment and “in chamber motions” still being processed?

At this time, the SCJ provincial policy is to only deal with “urgent” matters. However, the SCJ recognizes that this is an area where the court may be able to quickly expand the level of service it currently provides.