Procedure on Taking of Accounts
 55.04 (1) On the taking of accounts, the referee may, (a) take the accounts with rests or otherwise; (b) take account of money received or that might have been received but for wilful neglect or default; (c) make allowance for occupation rent and determine the amount; (d) take into account necessary repairs, lasting improvements, costs and other expenses properly incurred; and (e) make all just allowances.  R.R.O. 1990, Reg. 194, r. 55.04 (1). Preparation of Accounts (2) Where an account is to be taken, the party required to account, unless the referee directs otherwise, shall prepare the account in debit and credit form, verified by affidavit.  R.R.O. 1990, Reg. 194, r. 55.04 (2). (3) The items on each side of the account shall be numbered consecutively, and the account shall be referred to in the affidavit as an exhibit and shall not be attached to the affidavit.  R.R.O. 1990, Reg. 194, r. 55.04 (3). Books of Accounts as Proof (4) The referee may direct that the books in which the accounts have been kept be taken as proof, in the absence of evidence to the contrary, of the matters contained in them.  R.R.O. 1990, Reg. 194, r. 55.04 (4). Production of Vouchers (5) Before hearing a reference, the referee may fix a date for the purpose of taking the accounts and may direct the production and inspection of vouchers and, where appropriate, cross-examination on his or her affidavit of the party required to account or of the person who filed the affidavit on the party’s behalf or in the party’s place, with a view to ascertaining what is admitted and what is contested between the parties.  R.R.O. 1990, Reg. 194, r. 55.04 (5). Questioning Accounts (6) A party who questions an account shall give particulars of the objection, with specific reference by number to the item in question, to the party required to account, and the referee may require the party to give further particulars of the objection.  R.R.O. 1990, Reg. 194, r. 55.04 (6). Direction for Payment of Money Payment into Financial Institution 55.05 (1) Where under an order directing a reference the referee directs money to be paid at a specified time and place, the referee shall direct it to be paid into a financial institution to the credit of the party entitled or to the joint credit of the party entitled and the Accountant of the Superior Court of Justice.  R.R.O. 1990, Reg. 194, r. 55.05 (1); O. Reg. 292/99, s. 5; O. Reg. 399/12, s. 1 (1). Payment Out (2) Where money is directed to be paid out of court to the credit of the party entitled, the party may name the financial institution into which the party wishes it to be paid.  R.R.O. 1990, Reg. 194, r. 55.05 (2). (3) Where money has been paid to the joint credit of the party and the Accountant, the Accountant shall sign the cheque or direction for payment out on the production of the consent of the party paying in, verified by affidavit, or of the party’s lawyer, or, in the absence of the consent, on the order of the referee.  R.R.O. 1990, Reg. 194, r. 55.05 (3); O. Reg. 575/07, s. 1; O. Reg. 399/12, s. 1 (2). Money Belonging to Minor (4) Where it appears that money in court belongs to a minor, the referee shall require evidence of the age of the minor and shall, in the report, state the minor’s birth date and full address.  R.R.O. 1990, Reg. 194, r. 55.05 (4). Money to be Paid to Creditors (5) Where an order of reference or a report directs the payment of money out of court to creditors, the person having carriage of the reference shall deposit with the Accountant a copy of the order or report and shall serve a notice to creditor (Form 55E) on each creditor stating that payment of the creditor’s claim, as allowed, may be obtained from the Accountant.  R.R.O. 1990, Reg. 194, r. 55.05 (5); O. Reg. 399/12, s. 1 (3). Reference for Conduct of Sale Method of Sale 55.06 (1) Where a sale is ordered, the referee may cause the property to be sold by public auction, private contract or tender, or partly by one method and partly by another.  R.R.O. 1990, Reg. 194, r. 55.06 (1). Advertisement (2) Where property is directed to be sold by auction or tender, the party having carriage of the sale shall prepare a draft advertisement according to the instructions of the referee showing, (a) the short title of the proceeding; (b) that the sale is by order of the court; (c) the time and place of the sale; (d) a short description of the property to be sold; (e) whether the property is to be sold in one lot or several and, if in several, in how many, and in what lots; (f) the terms of payment; (g) that the sale is subject to a reserve bid, if that is the case; and (h) any conditions of sale different from those set out in Form 55F.  R.R.O. 1990, Reg. 194, r. 55.06 (2). Conditions of Sale (3) The conditions of sale by auction or tender shall be those set out in Form 55F, subject to such modifications as the referee directs.  R.R.O. 1990, Reg. 194, r. 55.06 (3). Hearing for Directions (4) At a hearing for directions under subrule 55.02 (3), the referee shall, (a) settle the form of the advertisement; (b) fix the time and place of sale; (c) name an auctioneer, where one is to be employed; (d) give directions for publication of the advertisement; (e) give directions for obtaining appraisals; (f) fix a reserve bid, if any; and (g) make all other arrangements necessary for the sale.  R.R.O. 1990, Reg. 194, r. 55.06 (4). Who May Bid (5) All parties may bid except the party having carriage of the sale and any trustee or agent for the party or other person in a fiduciary relationship to the party.  R.R.O. 1990, Reg. 194, r. 55.06 (5). (6) Where the party having carriage of the sale wishes to bid, the referee may transfer carriage of the sale to another party or to any other person.  R.R.O. 1990, Reg. 194, r. 55.06 (6). Who Conducts Sale (7) Where no auctioneer is employed, the referee or a person designated by the referee shall conduct the sale.  R.R.O. 1990, Reg. 194, r. 55.06 (7). Purchaser to Sign Agreement (8) The purchaser shall enter into an agreement of purchase and sale at the time of sale.  R.R.O. 1990, Reg. 194, r. 55.06 (8). Deposit (9) The deposit required by the conditions of sale shall be paid to the party having carriage of the sale or the party’s lawyer at the time of sale and the party or lawyer shall forthwith pay the money into court in the name of the purchaser.  R.R.O. 1990, Reg. 194, r. 55.06 (9); O. Reg. 575/07, s. 1. Interim Report (10) Where a sale is made through an auctioneer, the auctioneer shall make an affidavit concerning the result of the sale, and where no auctioneer is employed, the referee shall enter the result in the procedure book and, in either case, the referee may make an interim report on the sale (Form 55G).  R.R.O. 1990, Reg. 194, r. 55.06 (10). Objection to Sale (11) A party may object to a sale by making a motion to the referee to set it aside, and notice of the motion shall be served on all parties to the reference and on the purchaser, who shall be deemed to be a party for the purpose of the motion.  R.R.O. 1990, Reg. 194, r. 55.06 (11). Completion of Sale (12) The purchaser may pay the purchase money or the balance of it into court without order and, after the confirmation of the report on the sale, on notice to the party having carriage of the sale, the purchaser may obtain a vesting order.  R.R.O. 1990, Reg. 194, r. 55.06 (12). (13) Where possession is wrongfully withheld from the purchaser, either the purchaser or the party having carriage of the sale may move for a writ of possession.  R.R.O. 1990, Reg. 194, r. 55.06 (13). (14) The purchase money may be paid out of court in accordance with the report, (a) on consent of the purchaser or the purchaser’s lawyer; or (b) on proof to the Accountant that the purchaser has received a transfer or vesting order of the property for which the money in question was paid into court.  R.R.O. 1990, Reg. 194, r. 55.06 (14); O. Reg. 575/07, s. 1; O. Reg. 399/12, s. 2 (1). (15) No transfer shall be approved until the referee is satisfied that the purchase money has been paid into court and, where a mortgage is taken for part of the purchase money, that the mortgage has been registered and deposited with the Accountant.  R.R.O. 1990, Reg. 194, r. 55.06 (15); O. Reg. 399/12, s. 2 (2).