In the world of wills and estates law, matters are often commenced by way of an Application. Justice Marc Smith released a decision on March 21, 2021, in Larmon v Munro, 2021 ONSC 1921 that deals with a number of matters and also decides whether the Motion for Directions was appropriate for the relief being sought in that case. The purpose of a Motion for Directions under r. 75.06 of the Rules is procedural in nature. Rule 75.06(3) sets out the type of orders for directions that can be given by the Court. Some of the proper matters in an order for directions include; issues to be decided, who are the parties, who shall be served, the appointment of an estate trustee during litigation, security for costs, and such other procedures as are just.
In this case, the motion sought a declaration for, a sum owing from the estate, with regard to debts being satisfied, for delivery of hunting equipment and tools, as well as an order in regard to vehicle ownership and sale of a house.
Justice Smith found that the relief sought had “… nothing to do with procedural matters. Rather, it pertains to the payment of expenses, fulfillment of duties and delivery of assets. In my opinion, r. 75.06 of the Rules was not intended to be used to secure these types of declarations and orders.”
For the reasons outlined above, the Motion was dismissed.
For more on this topic please see Stuart Clarks’s blog entitled “Procedural Differences Between Applications and Actions”.
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