PARTICULAR PROCEEDINGS RULES 65 - 68
RULE 65 PROCEEDINGS FOR ADMINISTRATION
WHERE AVAILABLE
65.01 (1) A proceeding for the administration of the estate of a deceased person or for the execution of a trust may be commenced by notice of application,
(a) by a person claiming to be a creditor of the estate of the deceased person;
(b) by a person claiming to be a beneficiary under the will or on the intestacy of the deceased person or under the instrument of trust; or
(c) by an executor or administrator of the estate of the deceased person or a trustee.
(2) A judgment for administration of an estate (Form 65A) or for execution of a trust shall be granted only if the judge is satisfied that the questions between the parties cannot otherwise be properly determined.
(3) Where no accounts or insufficient accounts have been rendered, the judge may, instead of granting judgment for administration of the estate or for execution of the trust, order that the executors, administrators or trustees render to the applicant a proper statement of their accounts and may stay the application in the meantime.
WHERE A REFERENCE IS DIRECTED
65.02 (1) A judgment for administration of an estate or for execution of a trust shall direct a reference, and the referee has power to deal with the property of the estate or trust, including power to give all necessary directions for its realization, and shall finally wind up all matters connected with the estate or trust without any further directions, except where the special circumstances of the case require interim reports or interlocutory orders.
(2) Interest on accounts taken in administration proceedings shall be computed on the debts of the deceased from the date of the judgment and on legacies from the end of one year after the death of the deceased, unless the will directs another time for payment.
(3) All money realized from the estate or trust shall forthwith be paid into court, and no money shall be distributed or paid out except by order of a judge or, on a reference, by order of the referee.
RULE 66 PARTITION PROCEEDINGS
WHERE AVAILABLE
66.01 (1) A person who is entitled to compel partition of land may commence an action or application under the Partition Act.
(2) A proceeding for partition or sale by or on behalf of a minor shall be on notice to the Children's Lawyer.
FORM OF JUDGMENT
66.02 A judgment for partition or sale shall be in Form 66A.
PROCEEDS OF SALE
66.03 All money realized in a partition proceeding from a sale of land shall forthwith be paid into court, and no money shall be distributed or paid out except by order of a judge.
RULE 67 PROCEEDINGS CONCERNING THE ESTATES OF MINORS
HOW COMMENCED
67.01 A proceeding for approval of the sale, mortgage, lease or other disposition of property of a minor may be commenced by notice of application on notice to the Children's Lawyer.
AFFIDAVIT IN SUPPORT
67.02 (1) The affidavit in support of the application shall state,
(a) the nature and amount of all the property to which the minor is entitled;
(b) the nature and value of the property to be disposed of;
(c) what annual income the property yields; and
(d) the facts relied on to establish the necessity for the proposed disposition.
(2) Where an allowance is sought for support of the minor, the affidavit shall state the amount required and the facts relied on to establish the need for the allowance and, where applicable, shall show the necessity for resorting to the property to provide the allowance.
(3) Where the appointment of a guardian is sought, the affidavit shall state the reasons for the appointment and the facts relied on to justify the appointment of the person proposed.
WHERE CONSENT REQUIRED
67.03 (1) Approval of the sale, mortgage, lease or other disposition of property of a minor over the age of sixteen years shall not be given unless the consent of the minor has been filed, together with a solicitor's affidavit stating the solicitor's belief that the minor understood the consent when the solicitor read and explained it.
(2) A judge hearing an application referred to in subrule (1) may dispense with the necessity of filing the minor's consent and solicitor's affidavit.
(3) The judge may examine the minor with respect to his or her consent.
(4) Where the minor is outside Ontario, the judge may direct an inquiry to be made concerning the minor's consent in such manner as is just.
RULE 68 PROCEEDINGS FOR JUDICIAL REVIEW
HOW COMMENCED
68.01 (1) An application to the Divisional Court or to Superior Court of Justice for judicial review under the Judicial Review Procedure Act shall be commenced by notice of application, and where the application is to the Divisional Court the notice of application shall be in Form 68A.
(2) If the application is made to the Divisional Court and is not commenced at a regional centre, the local registrar in the place where it is commenced shall forthwith transfer a copy of the notice of application and of any material filed in support of the application to the court office in the regional centre of the region where the application is to be heard, and all further documents in the application shall be filed there.
APPLICABLE PROCEDURE
Divisional Court
68.02 (1) Rule 38, except as provided in subrule 38.01(2), and rules 68.03 to 68.06 apply to applications to the Divisional Court for judicial review.
General Division
(2) Rule 38 applies to applications to Superior Court of Justice for judicial review under subsection 6(2) of the Judicial Review Procedure Act.
HEARING DATE IN DIVISIONAL COURT
68.03 A notice of application shall state that the application is to be heard on a date to be fixed by the registrar at the place of hearing.
APPLICATION RECORDS AND FACTUMS
Applicant
68.04 (1) The applicant shall deliver an application record and a factum,
(a) where the nature of the application requires a record of the proceeding before the court or tribunal whose decision is to be reviewed, within thirty days after the record is filed; or
(b) where the nature of the application does not require such a record, within thirty days after the application is commenced.
(2) The applicant's application record shall contain, in consecutively numbered pages arranged in the following order,
(a) a table of contents describing each document, including each exhibit, by its nature and date and, in the case of an exhibit, by exhibit number or letter;
(b) a copy of the notice of application;
(b.1) a copy of the reasons for the court or tribunal whose decision is to be reviewed, with a further typed or printed copy if the reasons are handwritten;
(c) a copy of all affidavits and other material served by any party for use on the application;
(d) a list of all relevant transcripts of evidence in chronological order, but not necessarily the transcripts themselves; and
(e) a copy of any other material in the court file that is necessary for the hearing of the application.
(3) The applicant's factum shall be signed by the applicant's counsel, or on counsel's behalf by someone he or she has specifically authorized, and shall consist of,
(a) Part I, containing a statement identifying the applicant and the court or tribunal whose decision is to be reviewed and stating the result in that court or tribunal;
(b) Part II, containing a concise summary of the facts relevant to the issues on the application, with specific reference to the evidence;
(c) Part III, containing a statement of each issue raised, immediately followed by a concise statement of the law and authorities relating to that issue;
(d) Part IV, containing a statement of the order that the court will be asked to make, including any order for costs;
(e) Schedule A, containing a list of the authorities referred to; and
(f) Schedule B, containing the text of all relevant provisions of statutes, regulations and by-laws,
in paragraphs numbered consecutively throughout the factum.
Respondent
(4) The respondent shall deliver an application record and a factum within thirty days after service of the applicant's application record and factum.
(5) The respondent's application record shall contain, in consecutively numbered pages arranged in the following order,
(a) a table of contents describing each document, including each exhibit, by its nature and date and, in the case of an exhibit, by exhibit number or letter; and
(b) a copy of any material to be used by the respondent on the application and not included in the application record.
(6) The respondent's factum shall be signed by the respondent's counsel, or on counsel's behalf by someone he or she has specifically authorized, and shall consist of,
(a) Part I, containing a statement of the facts in the applicant's summary of relevant facts that the respondent accepts as correct and those facts with which the respondent disagrees and a concise summary of any additional facts relied on, with specific reference to the evidence;
(b) Part II, containing the position of the respondent with respect to each issue raised by the applicant, immediately followed by a concise statement of the law and the authorities relating to that issue;
(c) Part III, containing a statement of any additional issues raised by the respondent, the statement of each issue to be immediately followed by a concise statement of the law and the authorities relating to that issue;
(d) Part IV, containing a statement of the order that the court will be asked to make, including any order for costs;
(e) Schedule A, containing a list of the authorities referred to; and
(f) Schedule B, containing the text of all relevant provisions of statutes, regulations and by-laws that are not included in Schedule B to the applicant's factum,
in paragraphs numbered consecutively throughout the factum.
Copies for Use of the Court
(7) The parties shall file three copies of their application records and factums for the use of the court.
Material may be Filed as Part of Record
(8) Any material served by a party for use on an application may be filed, together with proof of service, as part of the party's application record and need not be filed separately if the record is filed within the time prescribed for filing the notice or other material.
Transcript of Evidence
(9) A party who intends to refer to a transcript of evidence at the hearing shall file three copies of the transcript with his or her application record and factum, notwithstanding subrule 34.18(2) (time for filing transcript).
CERTIFICATE OF PERFECTION
68.05 (1) The applicant shall file with the application record a certificate of perfection, stating that all the material required to be filed by the applicant for the hearing of the application has been filed, and setting out the name, address and telephone number of the solicitor for,
(a) every party to the proceeding; and
(b) any person entitled by statute or an order under rule 13.03 (intervention) to be heard on the application,
or, where a party or person acts in person, his or her name, address for service and telephone number.
(2) When the certificate of perfection has been filed, the registrar shall place the application on a list for hearing and give notice of listing for hearing (Form 68B) by mail to the parties and the other persons named in the certificate of perfection.
DISMISSAL FOR DELAY
Motion by Respondent
68.06 (1) Where the applicant has not,
(a) delivered an application record and factum within the time prescribed by subrule 68.04(1);or
(b) filed a certificate of perfection as required by subrule 68.05(1),
the respondent may make a motion to the registrar at the place of hearing, on ten days notice to the applicant, to have the application dismissed for delay.
Notice by Registrar
(2) Where the applicant has not delivered an application record and factum and filed a certificate of perfection within one year after the application was commenced, the registrar may serve notice on the applicant that the application will be dismissed for delay unless the applicant delivers an application record and factum and files a certificate of perfection within ten days after service of notice.
Registrar to Dismiss where Default not Cured
(3) Where the applicant does not cure the default within ten days after service of a notice under subrule (1) or (2) or such longer period as a judge of the Divisional Court allows, the registrar shall make an order in Form 68C dismissing the application for delay, with costs.
Review of Registrar's Dismissal
(4) A party affected by an order of the registrar under subrule (3) may make a motion under subrule 61.16(5) to set aside or vary the order.