44 (1) Where a claim or demand is made against the estate of a deceased person or where the personal representative has notice of such claim or demand, they may serve the claimant with a notice in writing that they contest the same in whole or in part, and, if in part, stating what part, and also referring to this section.  R.S.O. 1990, c. E.21, s. 44 (1). Application for order allowing claim (2) Within thirty days after the receipt of such notice of contestation or within three months thereafter if the judge of the Superior Court of Justice on application so allows, the claimant may, upon filing with the registrar a statement of their claim verified by affidavit and a copy of the notice of contestation, apply to the judge of the Superior Court of Justice for an order allowing the claim and determining the amount of it, and the judge shall hear the parties and their witnesses and shall make such order upon the application as the judge considers just, and if the claimant does not make such application, the claimant shall be deemed to have abandoned the claim and it is forever barred.  R.S.O. 1990, c. E.21, s. 44 (2); 2006, c. 19, Sched. C, s. 1 (1). Claim within jurisdiction of Small Claims Court (3) Where the claim is within the jurisdiction of the Small Claims Court, an application for the extension of time referred to in subsection (2) and the application for the order shall be made to the judge of a Small Claims Court in which an action for the recovery of the claim might be brought, and the application for the order shall be heard by the judge at the sittings of such court, but where the claimant and the personal representative consent, the applications may be made to the judge of the Superior Court of Justice.  R.S.O. 1990, c. E.21, s. 44 (3); 2006, c. 19, Sched. C, s. 1 (1). Notice in such cases (4) Not less than seven days notice of the application shall be given to the personal representative, and where the application is to be made to the judge of the Superior Court of Justice, shall also be given to the Children’s Lawyer if minors are concerned, and to such, if any, of the persons beneficially interested in the estate as the judge may direct.  R.S.O. 1990, c. E.21, s. 44 (4); 1994, c. 27, s. 43 (2); 2006, c. 19, Sched. C, s. 1 (1). Right of persons interested to be heard (5) Where the application is made to the judge of the Superior Court of Justice, in addition to the persons to whom notice has been given, any other person who is interested in the estate has the right to be heard and to take part in the proceeding.  R.S.O. 1990, c. E.21, s. 44 (5); 2006, c. 19, Sched. C, s. 1 (1). Consent to jurisdiction of Superior Court of Justice in certain cases (6) Where the claim, or the part of it that is contested, amounts to $800 or more, instead of proceeding as provided by this section, the judge shall, on the application of either party, or of any of the parties mentioned in subsection (5), direct the creditor to bring an action for the recovery or the establishment of the creditor’s claim, on such terms and conditions as the judge considers just but, where the claimant and the personal representative consent to have the trial before the judge of the Superior Court of Justice, the trial shall take place and be disposed of before the Superior Court of Justice judge under this section.  R.S.O. 1990, c. E.21, s. 44 (6); 2006, c. 19, Sched. C, s. 1 (1). Fees and costs when claim within Small Claims Court jurisdiction (7) Where the claim is within the jurisdiction of the Small Claims Court, the fees and costs shall be according to the tariff of that court and in other cases the fees payable to the judge of the Superior Court of Justice and to the registrar shall be the same as are allowed on an audit in an estate of a value equal to the amount of the claim or so much thereof as is contested, and the fees to be allowed to counsel or solicitors shall be fixed and determined by the Superior Court of Justice judge having regard to the amount involved and the importance of the contest.  R.S.O. 1990, c. E.21, s. 44 (7); 2006, c. 19, Sched. C, s. 1 (1). Claims not presently payable (8) This section applies, even if the claim or demand is not presently payable, and that, for that reason, an action for the recovery of it could not be brought.  R.S.O. 1990, c. E.21, s. 44 (8). Application for order allowing commission (9) The judge may order the issue of a commission to take the testimony of any person or party residing out of Ontario.  R.S.O. 1990, c. E.21, s. 44 (9). Judge may make an order appointing a person to take testimony (10) The judge may make an order for the taking of evidence before trial of any material and necessary witness residing in Ontario who is sick, aged or infirm or is about to leave Ontario and provide to whom notice of the examination is to be given.  R.S.O. 1990, c. E.21, s. 44 (10). Right to issue summons (11) A summons may be issued to enforce the attendance of witnesses to give evidence on any proceeding under this section.  R.S.O. 1990, c. E.21, s. 44 (11). Rules of court apply (12) The Rules of Civil Procedure, so far as they are applicable, apply to every application for such commission or order for examination, the issue, execution, enforcement and return thereof and the judge has power to award costs of all such procedures according to the tariff in force from time to time.  R.S.O. 1990, c. E.21, s. 44 (12). Permission for enforcement of judgment (13) Where a claim is established under this section, no procedures shall be commenced to enforce payment of the claim without the permission of the judge.  R.S.O. 1990, c. E.21, s. 44 (13). Enforcement of judgment (14) Where permission to enforce payment of a claim is given, the order shall be filed in the Superior Court of Justice and an execution shall issue as upon a judgment of that court and an order for payment of costs may be entered in the same way.  R.S.O. 1990, c. E.21, s. 44 (14); 2006, c. 19, Sched. C, s. 1 (1). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 43 (2) - 03/04/1995 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006