Merovitz Potechin Blog

Passing of Accounts: New Rules

By Yasmin M. Vinograd of Merovitz Potechin LLP on Thursday January 21, 2016.

On January 1, 2016, a number of changes to the Rules of Civil Procedure came into force. Some of these changes affect the process of bringing and responding to an Application to Pass Accounts under Rule 74. 18.

The changes that have an immediate effect on the daily practice of estate litigation lawyers and litigants include:

Rule 74.18(4) and (5) which extended the time requirement for service of the Notice of Application to Pass Accounts. Under the amended Rule, service in Ontario must be served at least 60 days before the hearing date specified in the Notice of Application (instead of 45 days under the old Rule). Service outside Ontario needs to be made at least 75 days before the hearing date specified in the Notice of Application (instead of 60 days under the old Rule).
Rule 74.18(7) extends the time requirement for service of a Notice of Objection to Accounts from 30 days to 35 days.
Rule 74.18(8)-(8.3) introduces a new a “type” of response to the Application: Request for Further Notice.
Rule 74.18(8.4) creates a new time requirement for withdrawal of a Notice of Objection. The withdrawal must be served on the Applicant and filed with proof of service at least 15 days before the hearing date of the Application.
Rule 74.18(8.6) introduces another new feature. It allows any person served with the Application to Pass Accounts to seek costs and sets the timeline for the request. The person seeking costs must serve the Applicant with the request for costs and file it with proof of service at least 10 days before the hearing date of the Application.
Rule 74.18(9) extends the time requirement for filing the Application Record when seeking Judgment without a hearing from 5 days before the hearing to at least 10 days before the hearing.
Rule 74.18 (9)(a) (iv.1) adds a requirement to include in the Application Record any request for increased costs and responses, if filed, and costs outlines.
Rule 74.18(11)-(11.5) amends the Rule regarding a request for increased costs. Under the new Rule, the person requesting increased costs must file a costs outline with the request. The deadline for filing the request is now 15 days before the hearing date of the Application (instead of 10 days after service and 20 days before the hearing under the old Rule). An objection to the request now needs to be made 10 days before the hearing date (instead of 12 under the old Rule). The person making the request must file a supplementary record with the court at least 5 days before the hearing (instead of 10 days under the old Rule).
Rule 74.18(11.5)-(11.9) provides a detailed procedural guideline for contested passing of accounts hearing.
Rule 74.18(13.1)-(13.2) are new additions under which the Court may order a trial of the Application or an issue therein and may order mediation.

Some of these changes are small and easy to follow but others set new procedures and timelines. Caution is recommended by lawyers and litigants to ensure that they are relying on the most current version of the Rules.

For more information, reach out to our Estate Litigation team at Merovitz Potechin LLP.

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Posted By: Yasmin M. Vinograd of Merovitz Potechin LLP

Managing Partner

Yasmin Vinograd is the Managing partner of Merovitz Potechin LLP. Yasmin’s practice focuses on estate litigation, where she helps clients resolve complex estate disputes such as will challenges, power of attorney challenges, and guardianship applications. She also advises clients on other aspects of estate litigation including passing of accounts, removal and replacement of trustees, dependant support claims, different issues related to capacity, and Elder law.

Yasmin is an internationally trained lawyer and began practicing law in 2004 in Israel. She was called to the Ontario Bar in 2011 and joined Merovitz Potechin LLP shortly thereafter. She provides services in both English and Hebrew.

Yasmin brings an intense passion for practicing law and helping people to her work. She offers clients extensive knowledge of the law, superior expertise in litigation, attention to detail, compassion and a determination to think progressively and outside the box to achieve the best resolution for her clients.

Yasmin is a devoted mother and wife, and an active member of her community. She is an avid photographer and enjoys traveling and the outdoors.

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