Passing of Accounts – New year, new rules

January 5, 2016 Stuart Clark Passing of Accounts Tags: , , , 0 Comments

As of January 1, 2016, certain amendments to Ontario’s Rules of Civil Procedure have taken effect. These changes, amongst other things, make significant changes to the procedure by which an Application to Pass Accounts is to proceed before the court.

The changes which will likely have have the greatest immediate impact upon our daily practice are the changes to the service/filing deadlines contemplated for certain documentation. These changes include:

  • 74.18(7) – Notice of Objection to Accounts must now be served and filed at least 35 days prior to the hearing date specified in the Notice of Application (and not 30 days prior to the hearing date as under the previous rules);
  • 74.18(9) – Judgment Record on an unopposed passing of accounts must now be filed at least 5 days prior to the hearing date specified in the Notice of Application (and not 10 days prior to the hearing as under the previous rules); and
  • 74.18(11.1) – Request for Increased Costs must now be served and filed at least 15 days prior to the hearing date specified in the Notice of Application (and not between the period commencing 10 days after the Notice of Application is served and ending 20 days prior to the hearing date as under the previous rules).

Notably, the changes to the deadline associated with the Notice of Objection to Accounts means that you now have five less days to prepare and file the Notice of Objection to Accounts than previously. As the service parameters for a beneficiary to be served with the Application to Pass Accounts remains unchanged by the updated rules (being 60 days prior to the hearing for those served in Ontario, and 75 days prior to the hearing for those served outside on Ontario), the net effect of this change appears to be that you will now likely have less time to prepare any Notice of Objection to Accounts upon being served with the Application to Pass Accounts.

The Rules of Civil Procedure often change, and to this effect it is always a good idea to double check the version of the rules upon which you are relying against an official up-to-date version of the Rules of Civil Procedure which can be found on the Ontario government’s website.

Thank you for reading.

Stuart Clark

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