Rule Amendments Alter Timing in Passing of Accounts Proceedings

April 27, 2012 Hull & Hull LLP Litigation, Passing of Accounts Tags: , , , , , , , 0 Comments

The time line in passing of accounts proceedings is being changed. Recent amendments to the Ontario Rules of Civil Procedure extend the time period for service of the Notice of Application to pass accounts, and move up the time within which to deliver a Notice of Objection. 

The amendments also increase the costs allowable upon an unopposed passing of accounts.

The amendments, found in Ontario Regulation 55/12, come into effect on July 1, 2012.

With respect to timing, the amendments make the following changes:

  • Notice of Application: Ontario respondent: 60 days notice (up from 45)
  • Notice of Application: Outside Ontario respondent: 75 days notice (up from 60)
  • Notice of Objection: 30 days before hearing (up from 20 days)
  • Response from Children’s Lawyer or Public Guardian: 30 days before hearing (up from 20 days)

The amendments also codify what is required where a request for increased costs is being made, and the time frame for making and opposing such a request.

The tariff for costs allowable on an uncontested passing allows for greater costs. The costs range from $2,500 for an estate having a value of less than $300,000, to $7,500 for an estate having a value of $3,000,000 or more (up from a range of $800 to $5,000).

Have a great weekend.

Paul Trudelle – Click here for more information on Paul Trudelle

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