Definitions
 72.01 In rules 72.02 to 72.05, “Accountant” means the Accountant of the Superior Court of Justice; (“comptable”) “registrar” means the registrar in the location where the proceeding was commenced. (“greffier”)  R.R.O. 1990, Reg. 194, r. 72.01; O. Reg. 292/99, s. 5; O. Reg. 399/12, s. 4. Payment into Court Filing with the Registrar or Accountant 72.02 (1) Subject to subrule (7), a person who seeks to pay money into court shall do so in accordance with subrules (2) to (6). O. Reg. 399/12, s. 5. Documents to be Filed (2) The person shall file with the Accountant or registrar, or, if the proceeding was commenced in Toronto, with the Accountant, (a) a written request for payment into court that refers to any statutory provision or rule that authorizes the payment into court; and (b) a copy of any order, report, offer to settle or acceptance of offer under which the money is payable. O. Reg. 399/12, s. 5. Direction (3) On receiving the documents filed under subrule (2), the Accountant or registrar shall give the person a direction to receive the money, addressed to a bank listed in Schedule I or II to the Bank Act (Canada) and specifying the account in the Accountant’s name into which the money is to be paid. O. Reg. 399/12, s. 5. Registrar to Forward Documents (4) If the documents were filed with the registrar, the registrar shall forward the documents to the Accountant. O. Reg. 399/12, s. 5. Payment (5) On receiving the direction referred to in subrule (3), the person shall pay the money into the specified bank account in accordance with the direction. O. Reg. 399/12, s. 5. Bank’s Duties (6) On receiving the money, the bank shall give a receipt to the person paying the money and immediately send a copy of the receipt to the Accountant. O. Reg. 399/12, s. 5. Payment to the Accountant by Mail (7) A person may pay money into court by mailing to the Accountant the documents referred to in subrule (2), together with the money that is payable. O. Reg. 399/12, s. 5. Accountant to Provide Receipt (8) On receiving money under subrule (7), the Accountant shall give a receipt to the person paying the money. O. Reg. 399/12, s. 5. Notice of Payment Under Offer to Settle, Acceptance of Offer (9) A person paying into court under an offer to settle or an acceptance of offer shall immediately serve a notice of payment into court (Form 72A) on every interested party, but the notice shall not be filed. O. Reg. 399/12, s. 5. Receipt of Payment Under Other Authority (10) A person paying into court other than under an offer to settle or an acceptance of offer shall immediately send a copy of the receipt received from the bank under subrule (6) or the receipt received from the Accountant under subrule (8), as the case may be, to each of the other parties. O. Reg. 399/12, s. 5. Transfer to Accountant (11) Money paid into court in a proceeding under the Repair and Storage Liens Act commenced outside Toronto before the day Ontario Regulation 399/12 comes into force that is not paid out one year after the day on which it was paid into court shall be transferred to the Accountant, unless the court orders otherwise. O. Reg. 399/12, s. 5. Payment out of Court Authority for Payment Out 72.03 (1) Money may be paid out of court only in accordance with an order or report, or on consent under subrule (4).  R.R.O. 1990, Reg. 194, r. 72.03 (1). Payment out under Order or Report (2) A person who seeks payment of money out of court in accordance with an order or report shall file with the Accountant, (a) a written request for payment out; (b) the original order or report or a notarized copy or copy certified by the court, unless any of them has already been filed with the Accountant; and (c) an affidavit stating, (i) in the case of a report, that the report has been confirmed and the manner of confirmation, or (ii) in the case of an order, that the time prescribed for an appeal has expired and no appeal is pending, unless such an affidavit has already been filed with the Accountant, and the Accountant shall then pay the money to the person to whom the order or report directs that it be paid.  R.R.O. 1990, Reg. 194, r. 72.03 (2); O. Reg. 399/12, s. 6 (1-5). (3) Where the Children’s Lawyer or the Public Guardian and Trustee seeks payment out in accordance with an order or report, he or she may file one written request dealing with more than one proceeding and need not file the affidavit referred to in clause (2) (c).  R.R.O. 1990, Reg. 194, r. 72.03 (3); O. Reg. 69/95, ss. 19, 20; O. Reg. 399/12, s. 6 (6). Payment Out on Consent (4) A party who seeks payment out of court, on consent, of money paid into court shall file with the Accountant, (a) a written request for payment out; (b) the consent of all parties or their lawyers; and (c) an affidavit stating that all parties have consented to the payment and that neither the party who paid the money into court nor the party to whom it is to be paid is under disability, and the Accountant shall then pay the money out to the party in accordance with the consent.  R.R.O. 1990, Reg. 194, r. 72.03 (4); O. Reg. 575/07, s. 2; O. Reg. 399/12, s. 6 (7-9). (4.1) Subrule (4) does not apply if the money was paid into court under an order that provides that a further order is required for the money to be paid out of court. O. Reg. 399/12, s. 6 (10). Payment Out of Interest (5) Money paid out of court under subrule (2) or (4) shall be paid out with accrued interest, if any, unless the order, report or consent provides otherwise.  R.R.O. 1990, Reg. 194, r. 72.03 (5). Consent by Insurer on Behalf of Party (6) Where the insurer of a party has paid money into court on behalf of the party and an affidavit setting out the relevant facts is filed with the Accountant, the consent required by clause (4) (b) may be given by the insurer on behalf of the party and, where the party is entitled to payment out, the money may be paid out to the insurer.  R.R.O. 1990, Reg. 194, r. 72.03 (6); O. Reg. 399/12, s. 6 (11). Minor Attaining Age of Majority (7) Money in court to which a party is entitled under an order or report when the party attains the age of majority may be paid out to the party on filing with the Accountant, in the forms provided by the Accountant, (a) a written request for payment out; and (b) an affidavit proving the identity of the party and that the party has attained the age of majority.  R.R.O. 1990, Reg. 194, r. 72.03 (7); O. Reg. 399/12, s. 6 (12, 13). Payment Directly to Lawyer (8) Where money has been paid into court as security for costs or an order has been made for payment of costs out of money in court and the order does not provide for payment out directly to a lawyer, the money may be paid out to the lawyer for the party entitled, on filing with the Accountant the material required by subrule (2) or (4) and, in addition, the affidavit of the party stating that the party consents to payment of the money directly to the lawyer rather than to the party.  R.R.O. 1990, Reg. 194, r. 72.03 (8); O. Reg. 575/07, s. 1; O. Reg. 399/12, s. 6 (14). Payment to Personal Representative (9) Where money or securities in court are to be paid out or transferred to a person named in an order or report who has died, the money or securities may be paid or transferred to the deceased person’s personal representative on proof to the satisfaction of the Accountant of the person’s death and of the personal representative’s authority.  R.R.O. 1990, Reg. 194, r. 72.03 (9); O. Reg. 399/12, s. 6 (15). Party under Disability (10) An order for payment out of court of money in court to the credit of a person under disability may be obtained on motion to a judge by or on notice to the Children’s Lawyer, unless the Public Guardian and Trustee is the person’s litigation guardian, in which case the motion shall be made by or on notice to the Public Guardian and Trustee.  R.R.O. 1990, Reg. 194, r. 72.03 (10); O. Reg. 69/95, ss. 9, 19, 20. (11) A motion under subrule (10), other than a motion made by the Children’s Lawyer or the Public Guardian and Trustee, shall be supported by an affidavit in Form 72B.  R.R.O. 1990, Reg. 194, r. 72.03 (11); O. Reg. 69/95, ss. 19, 20. (12) A motion under subrule (10) by the Children’s Lawyer or the Public Guardian and Trustee may be made without notice unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 72.03 (12); O. Reg. 69/95, ss. 19, 20. (13) In an order under subrule (10), the judge may fix the costs of the moving party and direct that they be paid out of the money in court directly to the moving party’s lawyer.  R.R.O. 1990, Reg. 194, r. 72.03 (13); O. Reg. 575/07, s. 1. (14) Where an order is made under subrule (10) for support of a minor, the Children’s Lawyer shall, on request of the moving party, obtain the cheque from the accountant and send it without charge to the moving party.  R.R.O. 1990, Reg. 194, r. 72.03 (14); O. Reg. 69/95, s. 19; O. Reg. 263/03, s. 8. Transition (15) This rule, as it read immediately before the day Ontario Regulation 399/12 came into force, continues to apply to the payment out of court of money paid into court that is held by the registrar. O. Reg. 399/12, s. 6 (16).