Ontario Estates Bench-Bar Liaison Committee Meeting Minutes - January 16, 2023

  • 02 mai 2023
  • Ontario Estates Bench-Bar Liaison Committee

Ontario Estates Bench-Bar Liaison Committee

January 16, 2023

4:30 PM

Zoom

Meeting called by:

Justice Dietrich

 

 

Facilitator:

Justice Dietrich, Chair

Note taker:

Haritha Popuri, Judicial Law Clerk

Attendees:

Justice Dietrich (Chair)

Justice Sheard

Justice Fowler Byrne

Laura Craig (counsel, Office of the Chief Justice)

Haritha Popuri (Judicial Law Clerk)

Monica Simion (MAG – Manager, Court Operations)

Debbie Dykstra (MAG – Supervisor, Court Operations)

Susan Easterbrook

Lou-Anne F. Farrell

Andrea M. Hill

Ian Hull

Kathleen MacDougall (CAMH representative)

Marshall Swadron

Kimberly A. Whaley

Marni Whitaker

Kavina Nagrani (OBA representative)

Kathleen McDormand (OBA representative)

Caroline Abela (The Advocates’ Society representative)

Alison Lester (Federation of Ontario Law Associations representative)

Regrets

Justice Wilson

Justice Woodley

Michelle Chen (Manager, Civil Trial Office)

Linda Omazic (counsel, Operational Support Branch, Court Services Division)

Angelique Moss (OBA representative)

 

Minutes

1.

Welcome

Presenter:

Justice Dietrich

Justice Dietrich welcomed Committee members.

 

2.

Approve Minutes

Presenter:

Justice Dietrich

Discussion:

October 17, 2022 meeting minutes were approved with minor changes (moved by Kimberley A. Whaley, seconded by M. Whitaker).

 

3.

Subcommittee on provincewide practice direction regarding estates

Presenter:

Laura Craig

 

Discussion:

A draft has been sent out to subcommittee members for comment. Feedback will help to determine what is feasible. Subcommittee meeting is planned for early February for discussion.

 

4.

Other Business

Presenter:

Open

Discussion:

  1. Filing fees  (M. Swadron)

In Brampton, notices of application for directions are being rejected because the filing fees for most estate matters ($232) are different from the fee for other civil matters ($243). This could be a long-term problem for court staff.

Members discussed the following:

  • Court staff may be missing this because of a training or turnover issue. It may help to include a memo to the registrar setting out the discrepancy, with a link to the relevant provisions in O.Reg. 293/92.

 

  1. Update from the Estates & Trusts Bar (K. Nagrani)

Some foreign grants do not have wills attached. This complicates applications for an ancillary grant or resealing, which require the will to be attached. If the foreign jurisdiction has certified the estate trustee, it is unclear why the grant of probate of estate trustee is not sufficient.

Members discussed the following:

  • The will is required because it must be attached to the issued Ontario certificate.

[Post-meeting comment from Linda Omazic: Form 74C requires a copy of the will to be attached. The application form, Form 74J, requires in Part 4 (confirmation by resealing or certificate of ancillary appointment) “Two court certified copies of the original appointment under the seal of the court that granted it with the Will attached to it or the original document and one certified copy under the seal of the court that granted it, dated within six months of the date of this Application”.  The will may be reviewed by the judiciary to determine if security is required to be posted.]

 

  1. Scheduling Issues (K. Whaley)

A memo was circulated identifying issues counsel have faced commencing applications in the Toronto Region. Previously, a first return date was provided automatically once the notice of application was issued. Now counsel are directed to write to the court copying all counsel to seek available dates to schedule the matter. An issue arises sometimes when there are self-represented litigants, either because they are uncooperative or because their contact information is not available.

Members discussed the following:

  • The changes were made so that the Trial Coordinator could set a date and match it to a court file number.

In an email circulated on January 24, 2023, committee members were advised that Justice Dietrich directed the Toronto trial coordination staff to provide hearing dates for applications as follows:

  • Where all parties are represented, counsel for the applicant will continue to be required to email the Trial Coordination Office seeking available dates and copying all counsel in the case.
  • Where one or more parties is self-represented, the trial coordinator will provide a first return date automatically. When seeking a date, the applicant should flag for the trial coordinator that there is a self-represented party involved in the matter.