jswizzle3737/ontario_laws_and_regs huggingface dataset:
Orders for Assistance
 74.15 (1) In addition to a motion under section 9 of the Estates Act, any person who appears to have a financial interest in an estate may move, Order to Accept or Refuse Appointment (a) for an order requiring any person to accept or refuse an appointment as an estate trustee with a will; (b) for an order requiring any person to accept or refuse an appointment as an estate trustee without a will; Order to Consent or Object to Proposed Appointment (c) for an order requiring any person to consent or object to a proposed appointment of an estate trustee; Order to File Statement of Assets of the Estate (d) for an order requiring an estate trustee to file with the court a statement of the nature and value, at the date of death, of each of the assets of the estate to be administered by the estate trustee; Order for Further Particulars (e) after receiving the statement described in clause (d), for an order for further particulars by supplementary affidavit or otherwise as the court directs; Order to Beneficiary Witness (f) for an order requiring a beneficiary or the spouse of a beneficiary who witnessed the will or codicil, or who signed the will or codicil for the testator, to satisfy the court that the beneficiary or spouse did not exercise improper or undue influence on the testator; Order to Former Spouse (g) for an order requiring a former spouse of the deceased to take part in a determination under subsection 17 (2) of the Succession Law Reform Act of the validity of the appointment of the former spouse as estate trustee, a devise or bequest of a beneficial interest to the former spouse or the conferring of a general or special power of appointment on him or her; Order to Pass Accounts (h) for an order requiring an estate trustee to pass accounts; and Order for Other Matters (i) for an order providing for any other matter that the court directs.  O. Reg. 484/94, s. 12; O. Reg. 248/21, s. 11; O. Reg. 709/21, s. 15 (1-7). Notice of motion (2) A motion under subrule (1) may be made without notice, except a motion under clause (1) (e), which requires 10 days notice to the estate trustee.  O. Reg. 484/94, s. 12. Service (3) An order referred to in subrule (1) and an order for production under section 9 of the Estates Act shall be served by personal service, by an alternative to personal service or as the court directs.  O. Reg. 484/94, s. 12. Examination (4) The court may require any person to be examined under oath for the purpose of deciding a motion under subrule (1).  O. Reg. 484/94, s. 12. Form of Orders (5) An order under subrule (1) shall be in Form 74I. O. Reg. 709/21, s. 15 (8).
RULE 74.1 SMALL ESTATES — NON-CONTENTIOUS PROCEEDINGS
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Definition, Small Estate
 74.1.01 In this Rule, “small estate” means a small estate within the meaning of the Estates Act. O. Reg. 111/21, s. 8; O. Reg. 383/21, s. 8.
Application of Rule
 74.1.02 (1) In the case of an estate that is a small estate, a person may apply for a small estate certificate under this Rule, in which case this Rule applies instead of rules 74.04 to 74.10 and 74.14. O. Reg. 383/21, s. 9. Continued Application of Rule 74 (2) For greater certainty, Rule 74, other than rules 74.04 to 74.10 and 74.14, continues to apply with respect to small estate certificates, amended small estate certificates and applications for either certificate. O. Reg. 383/21, s. 9.
Issuing a Small Estate Certificate
 74.1.04 (1) The registrar may issue a small estate certificate in Form 74.1C, (a) if the registrar is satisfied that, (i) issuance is not prevented under section 16 of the Estates Act, (ii) the applicant has provided evidence that, as of the date of death, the estate is a small estate, (iii) the application for the small estate certificate contains the information, evidence and supporting documentation required by these rules or under any Act, and (iv) the applicant has met the requirements of subrule 74.13 (1) or (2), or has obtained an order under subsection 4 (1) of the Estate Administration Tax Act, 1998; or (b) if directed to do so by a judge. O. Reg. 111/21, s. 8. Request by Registrar (2) In making a determination for the purposes of clause (1) (a), the registrar may request that the applicant provide to the registrar any required information, or file any required evidence or documentation. O. Reg. 111/21, s. 8. Refusal (3) If the registrar is not satisfied that the conditions set out in clause (1) (a) have been met, the registrar shall, subject to subrule (4), refuse to issue the certificate. O. Reg. 111/21, s. 8. Referral to Judge (4) The registrar shall refer an application for a small estate certificate to a judge for determination if, in the registrar’s opinion, the application raises an issue that requires determination by a judge. O. Reg. 111/21, s. 8. Notice of Refusal (5) If the registrar refuses under subrule (3) to issue the certificate, the registrar shall send a notice in Form 74.1D to the applicant or the applicant’s lawyer by, (a) regular lettermail to the mailing address shown in the application; or (b) e-mail to the e-mail address most recently indicated for the applicant or the applicant’s lawyer in the applicable court file, if any, or, in the case of a lawyer whose e-mail address is not indicated in the court file, the e-mail address for the lawyer as published on the Law Society of Ontario’s website. O. Reg. 111/21, s. 8.
Amending a Small Estate Certificate
 74.1.05 (1) If, after a small estate certificate is issued, additional assets of the estate are discovered but the estate continues to be a small estate, the estate trustee named in the certificate may seek to obtain an amended small estate certificate by filing an application to amend the small estate certificate (Form 74.1E), together with, (a) a request to file an application for a small estate certificate or an amended small estate certificate (Form 74.1B); (b) a copy of the issued small estate certificate; (c) a draft amended small estate certificate (Form 74.1F), listing both the assets listed in the small estate certificate and the additional assets; (d) any security required by the Estates Act; and (e) such additional or other material as the court directs. O. Reg. 111/21, s. 8. Notification of Other Persons Required Before Filing (2) Subrules 74.1.03 (2) to (7) apply, with necessary modifications, with respect to the filing of an application for an amended small estate certificate. O. Reg. 111/21, s. 8. Issuance (3) Rule 74.1.04 applies, with necessary modifications, with respect to the issuance of an amended small estate certificate. O. Reg. 111/21, s. 8. Revocation of Original Certificate (4) A small estate certificate for an estate is deemed to have been revoked on the issuance of an amended small estate certificate for the estate. O. Reg. 111/21, s. 8. Limit on Further Amendments (5) An estate trustee who is issued an amended small estate certificate may only seek a further amended small estate certificate on motion to a judge. O. Reg. 111/21, s. 8.
Estate Ceases to be Small Estate
 74.1.06 (1) If, after a small estate certificate or amended small estate certificate is issued, additional assets of the estate are discovered and the estate ceases to be a small estate, the estate trustee named in the certificate may make an application for a certificate of appointment of estate trustee under Rule 74. O. Reg. 111/21, s. 8. Revocation of Small Estate Certificate (2) A small estate certificate or amended small estate certificate for an estate is deemed to have been revoked on the issuance of a certificate of appointment for the estate under Rule 74. O. Reg. 111/21, s. 8. RULE 75  ESTATES — CONTENTIOUS PROCEEDINGS
RULE 75 ESTATES — CONTENTIOUS PROCEEDINGS
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Formal Proof of Testamentary Instrument
 75.01 An estate trustee or any person appearing to have a financial interest in an estate may make an application under rule 75.06 to have a testamentary instrument that is being put forward as the last will of the deceased proved in such manner as the court directs.  O. Reg. 484/94, s. 12; O. Reg. 24/00, s. 15. 75.01.1 Revoked: O. Reg. 383/21, s. 10.
Proof of Lost or Destroyed Will
 75.02 The validity and contents of a will that has been lost or destroyed may be proved on an application, (a) by affidavit evidence without appearance, where all persons who have a financial interest in the estate consent to the proof; or (b) in the manner provided by the court in an order giving directions made under rule 75.06.  O. Reg. 484/94, s. 12. Objection to Issuing Certificate of Appointment Notice of Objection 75.03 (1) At any time before a certificate of appointment of estate trustee has been issued, any person who appears to have a financial interest in the estate may give notice of an objection by filing with the court a notice of objection (Form 75.1), signed by the person or the person’s lawyer, stating the nature of the interest and of the objection.  O. Reg. 484/94, s. 12; O. Reg. 24/00, s. 16; O. Reg. 575/07, s. 1; O. Reg. 690/20, s. 6. Expiry, Withdrawal and Removal of Notice of Objection (2) A notice of objection expires three years after it is filed and may be withdrawn by the person who filed it at any time before a hearing for directions under rule 75.06 in an application for the certificate or may be removed by order of the court.  O. Reg. 484/94, s. 12. Notice to Applicant (3) Where an application for a certificate of appointment of estate trustee has been made and a notice of objection is filed, the registrar shall send notice of the filing (Form 75.2) by regular lettermail to the applicant or the applicant’s lawyer at the mailing address shown in the application.  O. Reg. 484/94, s. 12; O. Reg. 575/07, s. 1. Notice to Objector (4) An applicant who receives a notice under subrule (3) shall serve on the objector a notice to objector (Form 75.3) and file a copy of the notice and proof of service with the court.  O. Reg. 484/94, s. 12. (5) Where the objector does not serve and file a notice of appearance (Form 75.4) within 20 days after service of the notice to objector, the application shall proceed as if the notice of objection had not been filed.  O. Reg. 484/94, s. 12. Motion for Directions (6) If the applicant does not move for directions within 30 days after service of the notice of appearance, the objector may move for directions.  O. Reg. 484/94, s. 12.
Objection to Issuing Certificate of Appointment
 75.03 (1) At any time before a certificate of appointment of estate trustee has been issued, any person who appears to have a financial interest in the estate may give notice of an objection by filing with the court a notice of objection (Form 75.1), signed by the person or the person’s lawyer, stating the nature of the interest and of the objection.  O. Reg. 484/94, s. 12; O. Reg. 24/00, s. 16; O. Reg. 575/07, s. 1; O. Reg. 690/20, s. 6. Expiry, Withdrawal and Removal of Notice of Objection (2) A notice of objection expires three years after it is filed and may be withdrawn by the person who filed it at any time before a hearing for directions under rule 75.06 in an application for the certificate or may be removed by order of the court.  O. Reg. 484/94, s. 12. Notice to Applicant (3) Where an application for a certificate of appointment of estate trustee has been made and a notice of objection is filed, the registrar shall send notice of the filing (Form 75.2) by regular lettermail to the applicant or the applicant’s lawyer at the mailing address shown in the application.  O. Reg. 484/94, s. 12; O. Reg. 575/07, s. 1. Notice to Objector (4) An applicant who receives a notice under subrule (3) shall serve on the objector a notice to objector (Form 75.3) and file a copy of the notice and proof of service with the court.  O. Reg. 484/94, s. 12. (5) Where the objector does not serve and file a notice of appearance (Form 75.4) within 20 days after service of the notice to objector, the application shall proceed as if the notice of objection had not been filed.  O. Reg. 484/94, s. 12. Motion for Directions (6) If the applicant does not move for directions within 30 days after service of the notice of appearance, the objector may move for directions.  O. Reg. 484/94, s. 12.
Revocation of Certificate of Appointment
 75.04 On the application of any person appearing to have a financial interest in an estate, the court may revoke the certificate of appointment of estate trustee where the court is satisfied that, (a) the certificate was issued in error or as a result of a fraud on the court; (b) the appointment is no longer effective; or (c) the certificate should be revoked for any other reason.  O. Reg. 484/94, s. 12; O. Reg. 24/00, s. 17; O. Reg. 383/21, s. 11. Return of Certificate Motion for Return of Certificate 75.05 (1) The court may, on motion, order that a certificate of appointment be returned to the court where, (a) the moving party seeks a determination of the validity of the testamentary instrument for which the certificate was issued or of the entitlement of the estate trustee to the certificate; or (b) an application has been made under rule 75.04.  O. Reg. 484/94, s. 12. Notice (2) The motion may be made without notice unless the court orders otherwise.  O. Reg. 484/94, s. 12. Effect of Order (3) On service of the order to return the certificate of appointment, the estate trustee shall forthwith deposit the original certificate with the registrar, and the appointment has no further effect and shall not be acted on until, (a) the issues referred to in clause (1) (a) or the application referred to in clause (1) (b), as the case may be, have been determined by the court; or (b) the release of the certificate is ordered under subrule (6).  O. Reg. 484/94, s. 12. Motion for Directions (4) A party who obtains an order under clause (1) (a) shall move for directions under rule 75.06 within 30 days after the making of the order.  O. Reg. 484/94, s. 12. (5) The estate trustee may at any time move for directions under rule 75.06 for determination by the court of the matters referred to in clause (3) (a).  O. Reg. 484/94, s. 12. Release of Certificate (6) If a motion for directions referred to in subrule (4) or (5) is not made, the court may, on motion of the estate trustee without notice, order the release to the estate trustee of the certificate of appointment.  O. Reg. 484/94, s. 12.
Return of Certificate
 75.05 (1) The court may, on motion, order that a certificate of appointment be returned to the court where, (a) the moving party seeks a determination of the validity of the testamentary instrument for which the certificate was issued or of the entitlement of the estate trustee to the certificate; or (b) an application has been made under rule 75.04.  O. Reg. 484/94, s. 12. Notice (2) The motion may be made without notice unless the court orders otherwise.  O. Reg. 484/94, s. 12. Effect of Order (3) On service of the order to return the certificate of appointment, the estate trustee shall forthwith deposit the original certificate with the registrar, and the appointment has no further effect and shall not be acted on until, (a) the issues referred to in clause (1) (a) or the application referred to in clause (1) (b), as the case may be, have been determined by the court; or (b) the release of the certificate is ordered under subrule (6).  O. Reg. 484/94, s. 12. Motion for Directions (4) A party who obtains an order under clause (1) (a) shall move for directions under rule 75.06 within 30 days after the making of the order.  O. Reg. 484/94, s. 12. (5) The estate trustee may at any time move for directions under rule 75.06 for determination by the court of the matters referred to in clause (3) (a).  O. Reg. 484/94, s. 12. Release of Certificate (6) If a motion for directions referred to in subrule (4) or (5) is not made, the court may, on motion of the estate trustee without notice, order the release to the estate trustee of the certificate of appointment.  O. Reg. 484/94, s. 12.
Application or Motion for Directions
 75.06 (1) Any person who appears to have a financial interest in an estate may apply for directions, or move for directions in another proceeding under this rule, as to the procedure for bringing any matter before the court.  O. Reg. 484/94, s. 12; O. Reg. 24/00, s. 18 (1). Service (2) An application for directions (Form 75.5) or motion for directions (Form 75.6) shall be served on all persons appearing to have a financial interest in the estate, or as the court directs, at least 10 days before the hearing of the application or motion.  O. Reg. 484/94, s. 12; O. Reg. 24/00, s. 18 (2). Order (3) On an application or motion for directions, the court may direct, (a) the issues to be decided; (b) who are parties, who is plaintiff and defendant and who is submitting rights to the court; (c) who shall be served with the order for directions, and the method and times of service; (d) procedures for bringing the matter before the court in a summary fashion, where appropriate; (e) that the plaintiff file and serve a statement of claim (Form 75.7); (f) that an estate trustee be appointed during litigation, and file such security as the court directs; (f.1)  Revoked: O. Reg. 193/15, s. 13 (1). (g) such other procedures as are just.  O. Reg. 484/94, s. 12; O. Reg. 290/99, s. 1; O. Reg. 193/15, s. 13 (1). Same, mediation (3.1) On an application or motion for directions, the court may, in addition to giving any direction under subrule (3), (a) give any direction that may be given under subrule 75.1.05 (4), in the case of a proceeding that is subject to Rule 75.1 (mandatory mediation); or (b) in the case of a proceeding that is not subject to Rule 75.1, order that a mediation session be conducted in accordance with Rule 75.2, and, for the purpose, give any direction that may be given under subrule 75.1.05 (4). O. Reg. 193/15, s. 13 (2). (4) An order giving directions shall be in Form 75.8.  O. Reg. 484/94, s. 12; O. Reg. 709/21, s. 17. Procedure where Statement of Claim Served Defendant:  Statement of Defence, Statement of Defence and Counterclaim or Submission of Rights to Court 75.07 (1) Where a statement of claim is delivered as directed under subrule 75.06 (3), each defendant served may serve on each party and file with proof of service, (a) a statement of defence or a statement of defence and counterclaim; or (b) a statement of submission of rights to the court (Form 75.10).  O. Reg. 484/94, s. 12. Plaintiff:  Reply or Reply and Defence to Counterclaim (2) A plaintiff may deliver a reply or a reply and defence to counterclaim.  O. Reg. 484/94, s. 12. (3) Revoked: 
O. Reg. 740/94, s. 5. Effect of Failure to File Pleadings (4) A person who is served with a statement of claim and who does not file a statement of defence, a statement of defence and counterclaim or a statement of submission of rights to the court is not a party to the proceeding and his or her consent to any settlement, agreement or consent judgment is not required.  O. Reg. 484/94, s. 12.
Procedure where Statement of Claim Served
 75.07 (1) Where a statement of claim is delivered as directed under subrule 75.06 (3), each defendant served may serve on each party and file with proof of service, (a) a statement of defence or a statement of defence and counterclaim; or (b) a statement of submission of rights to the court (Form 75.10).  O. Reg. 484/94, s. 12. Plaintiff:  Reply or Reply and Defence to Counterclaim (2) A plaintiff may deliver a reply or a reply and defence to counterclaim.  O. Reg. 484/94, s. 12. (3) Revoked: 
O. Reg. 740/94, s. 5. Effect of Failure to File Pleadings (4) A person who is served with a statement of claim and who does not file a statement of defence, a statement of defence and counterclaim or a statement of submission of rights to the court is not a party to the proceeding and his or her consent to any settlement, agreement or consent judgment is not required.  O. Reg. 484/94, s. 12.
Submission of Rights to Court
 75.07.1 Where a person files a statement of submission of rights to the court in response to service of a statement of claim or on a motion or application for directions, (a) the person is not a party to the proceeding and is entitled only to service by the plaintiff of written notice of the time and place of the trial and a copy of the judgment disposing of the matter; (b) the person is not entitled to costs in the proceeding and is not liable for costs, except indirectly to the extent that costs are ordered to be paid out of the estate; and (c) a judgment on consent following settlement shall not be given without, (i) the written consent of the person, or (ii) an affidavit of a lawyer of record in the proceeding attesting that a notice of settlement (Form 75.11), appended as an exhibit to the affidavit, has been personally served on the person and no rejection of settlement (Form 75.12) has been filed with the court within 10 days after service of the notice.  O. Reg. 740/94, s. 6; O. Reg. 575/07, s. 32. Claims against an Estate Notice of Contestation of Claim 75.08 (1) A notice of contestation of a claim under section 44 or 45 of the Estates Act shall be in Form 75.13.  O. Reg. 484/94, s. 12. Claims (2) A claim made against an estate under section 44 or 45 of the Estates Act
shall be in Form 75.14.  O. Reg. 484/94, s. 12. Service (3) The claimant shall serve the claim on the estate trustee and file the claim and the notice of contestation, with proof of service, within 30 days after service of the notice of contestation on the claimant.  O. Reg. 484/94, s. 12. Date of Trial (4) When the claim and notice of contestation are filed, the registrar shall fix a date for trial.  O. Reg. 484/94, s. 12. Manner of Trial (5) The trial shall proceed in a summary manner unless the judge considers it appropriate to give directions as to the issues, parties and pleadings.  O. Reg. 484/94, s. 12.
Claims against an Estate
 75.08 (1) A notice of contestation of a claim under section 44 or 45 of the Estates Act shall be in Form 75.13.  O. Reg. 484/94, s. 12. Claims (2) A claim made against an estate under section 44 or 45 of the Estates Act
shall be in Form 75.14.  O. Reg. 484/94, s. 12. Service (3) The claimant shall serve the claim on the estate trustee and file the claim and the notice of contestation, with proof of service, within 30 days after service of the notice of contestation on the claimant.  O. Reg. 484/94, s. 12. Date of Trial (4) When the claim and notice of contestation are filed, the registrar shall fix a date for trial.  O. Reg. 484/94, s. 12. Manner of Trial (5) The trial shall proceed in a summary manner unless the judge considers it appropriate to give directions as to the issues, parties and pleadings.  O. Reg. 484/94, s. 12.
Lawyer of Record
 75.09 (1) The lawyer who takes any of the following steps on a party’s behalf is the party’s lawyer of record: 1. Filing a notice of objection under rule 75.03. 2. Moving for return of a certificate under rule 75.05. 3. Moving for directions under rule 75.06.  O. Reg. 484/94, s. 12; O. Reg. 575/07, s. 33. (2) Rule 15.02 applies, with necessary modifications, as if the notice or motion were an originating process.  O. Reg. 484/94, s. 12. RULE 75.1  MANDATORY MEDIATION — ESTATES, TRUSTS AND SUBSTITUTE DECISIONS 75.1.01 Revoked:  O. Reg. 132/04, s. 13.
RULE 75.1 MANDATORY MEDIATION — ESTATES, TRUSTS AND SUBSTITUTE DECISIONS
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Scope
 75.1.02 (1) This Rule applies to proceedings, (a) that are commenced in, (i) the City of Toronto on or after September 1, 1999, (ii)  Revoked: O. Reg. 193/15, s. 14 (1). (iii) the City of Ottawa on or after January 1, 2001, or (iv) the County of Essex on or after January 1, 2005; and (b) to which any of the following applies, (i) rule 74.18 (application to pass accounts), if the application is contested, (ii) rule 75.01 (formal proof of testamentary instrument), 75.03 (objection to issuing certificate of appointment), 75.05 (return of certificate) or 75.08 (claims against an estate), (iii) Part V of the Succession Law Reform Act, (iv) the Substitute Decisions Act, 1992, (v) the Absentees Act, the Charities Accounting Act, the Estates Act, the Trustee Act or the Variation of Trusts Act, (vi) subrule 14.05 (3), if the matters at issue relate to an estate or trust, or (vii) subsection 5 (2) of the
Family Law Act.  O. Reg. 290/99, s. 2; O. Reg. 132/04, s. 14; O. Reg. 193/15, s. 14 (1); O. Reg. 111/21, s. 10; O. Reg. 383/21, s. 12. (2) The fact that an estate or trust is a party to a proceeding, by virtue of an order to continue under Rule 11 or otherwise, is not sufficient to bring the proceeding under this Rule.  O. Reg. 290/99, s. 2; O. Reg. 193/15, s. 14 (2).
Definitions
 75.1.03 In this Rule, “designated party” means a party whom an order under clause 74.18 (13.2) (a) or 75.06 (3.1) (a) or subrule 75.1.05 (4) requires to attend a mediation session; (“partie désignée”) “list”, when used in reference to a county, means the list maintained for the county under subrule 24.1.08 (1); (“liste”) “mediation co-ordinator”, when used in reference to a county, means the person designated as mediation co-ordinator for the county under rule 24.1.06. (“coordonnateur de la médiation”)  O. Reg. 290/99, s. 2; O. Reg. 193/15, s. 15; O. Reg. 526/21, s. 3.
Exemption from Mediation
 75.1.04 The court may make an order, on a party’s motion or of its own motion, exempting the proceeding from this Rule.  O. Reg. 290/99, s. 2; O. Reg. 193/15, s. 16. Directions for Conduct of Mediation Motion for Directions 75.1.05 (1) The applicant shall make a motion, in the same way as under rule 75.06, seeking directions respecting the conduct of a mediation to which this Rule applies. O. Reg. 193/15, s. 17 (1). (2) The notice of motion shall be served within 30 days after the last day for serving a notice of appearance.  O. Reg. 290/99, s. 2. (3) The motion may be combined with a motion under rule 75.06.  O. Reg. 290/99, s. 2. Exception (3.1) Subrule (1) does not apply if the court has already given directions for the conduct of the mediation under clause 74.18 (13.2) (a) or 75.06 (3.1) (a), unless the court orders otherwise. O. Reg. 193/15, s. 17 (2). Directions (4) On the hearing of the motion under this rule, the court may direct, (a) the issues to be mediated; (b) who has carriage of the mediation and who shall respond; (c) within what times the mediation session shall take place; (d) which parties are required to attend the mediation session, the method of attendance and the manner of service; (e) whether notice is to be given to parties submitting their rights to the court under rule 75.07.1; (f) how the cost of the mediation is to be apportioned among the designated parties; and (g) any other matter that may be desirable to facilitate the mediation.  O. Reg. 290/99, s. 2; O. Reg. 526/21, s. 4. (5), (6) Revoked: O. Reg. 193/15, s. 17 (3).
Directions for Conduct of Mediation
 75.1.05 (1) The applicant shall make a motion, in the same way as under rule 75.06, seeking directions respecting the conduct of a mediation to which this Rule applies. O. Reg. 193/15, s. 17 (1). (2) The notice of motion shall be served within 30 days after the last day for serving a notice of appearance.  O. Reg. 290/99, s. 2. (3) The motion may be combined with a motion under rule 75.06.  O. Reg. 290/99, s. 2. Exception (3.1) Subrule (1) does not apply if the court has already given directions for the conduct of the mediation under clause 74.18 (13.2) (a) or 75.06 (3.1) (a), unless the court orders otherwise. O. Reg. 193/15, s. 17 (2). Directions (4) On the hearing of the motion under this rule, the court may direct, (a) the issues to be mediated; (b) who has carriage of the mediation and who shall respond; (c) within what times the mediation session shall take place; (d) which parties are required to attend the mediation session, the method of attendance and the manner of service; (e) whether notice is to be given to parties submitting their rights to the court under rule 75.07.1; (f) how the cost of the mediation is to be apportioned among the designated parties; and (g) any other matter that may be desirable to facilitate the mediation.  O. Reg. 290/99, s. 2; O. Reg. 526/21, s. 4. (5), (6) Revoked: O. Reg. 193/15, s. 17 (3).
Mediators
 75.1.06 (1) A mediation under this rule shall be conducted by, (a) a person chosen from the list for the county by the agreement of the designated parties; (b) a person assigned from the list by the mediation co-ordinator for the county, at the request of a designated party; or (c) a person who is not named on the list, if the designated parties consent.  O. Reg. 290/99, s. 2. (2) Every person who conducts a mediation under subrule (1), whether named on the list or not, is required to comply with this Rule.  O. Reg. 290/99, s. 2; O. Reg. 193/15, s. 18.
Procedure before Mediation Session
 75.1.08 (1) At least seven days before the mediation session, every designated party shall prepare a statement in Form 75.1C and provide a copy to every other designated party and to the mediator.  O. Reg. 290/99, s. 2. (2) The statement shall identify the factual and legal issues in dispute and briefly set out the position and interests of the party making the statement.  O. Reg. 290/99, s. 2. (3) The party making the statement shall attach to it any documents that the party considers of central importance in the proceeding.  O. Reg. 290/99, s. 2. Non-Compliance (4) If it is not practical to conduct a mediation session because a designated party fails to comply with subrule (1), the mediator shall cancel the session and immediately file with the court a certificate of non-compliance (Form 75.1D).  O. Reg. 290/99, s. 2. Attendance at Mediation Session Who is Required to Attend 75.1.09 (1) The designated parties, and their lawyers if the designated parties are represented, are required to attend the mediation session.  O. Reg. 290/99, s. 2. Authority to Settle (2) A designated party who requires another person’s approval before agreeing to a settlement shall, before the mediation session, arrange to have ready telephone access to the other person throughout the session, whether it takes place during or after regular business hours.  O. Reg. 290/99, s. 2. Failure to Attend (3) If it is not practical to conduct a scheduled mediation session because a designated party fails to attend within the first 30 minutes of the time appointed for the commencement of the session, the mediator shall cancel the session and immediately file with the court a certificate of non-compliance (Form 75.1D).  O. Reg. 290/99, s. 2.
Attendance at Mediation Session
 75.1.09 (1) The designated parties, and their lawyers if the designated parties are represented, are required to attend the mediation session.  O. Reg. 290/99, s. 2. Authority to Settle (2) A designated party who requires another person’s approval before agreeing to a settlement shall, before the mediation session, arrange to have ready telephone access to the other person throughout the session, whether it takes place during or after regular business hours.  O. Reg. 290/99, s. 2. Failure to Attend (3) If it is not practical to conduct a scheduled mediation session because a designated party fails to attend within the first 30 minutes of the time appointed for the commencement of the session, the mediator shall cancel the session and immediately file with the court a certificate of non-compliance (Form 75.1D).  O. Reg. 290/99, s. 2.
Remedy for Non-Compliance
 75.1.10 (1) If a certificate of non-compliance is filed, the party with carriage of the mediation shall, within 15 days after the date fixed for the mediation session that was cancelled, bring a motion for further directions before a judge, except in the City of Ottawa where the motion shall be brought before an associate judge. O. Reg. 193/15, s. 20; O. Reg. 383/21, s. 15. (1.1) If the party fails to bring the motion within that time, any other designated party may, within 30 days after the date fixed for the mediation session that was cancelled, bring the motion. O. Reg. 193/15, s. 20. (2) The judge or associate judge may require the designated parties to appear before him or her and may, (a) establish a timetable for the proceeding; (b) strike out any document filed by a designated party; (c) order a designated party to pay costs; or (d) make any other order that is just.  O. Reg. 290/99, s. 2; O. Reg. 438/08, s. 66; O. Reg. 383/21, s. 15.
Confidentiality
 75.1.11 All communications at a mediation session and the mediator’s notes and records shall be deemed to be without prejudice settlement discussions.  O. Reg. 290/99, s. 2. Outcome of Mediation Mediator’s Report 75.1.12 (1) Within 10 days after the mediation is concluded, the mediator shall give the mediation co-ordinator for the county and the designated parties a report on the mediation.  O. Reg. 290/99, s. 2. (2) The mediation co-ordinator may remove from the list the name of a mediator who does not comply with subrule (1).  O. Reg. 290/99, s. 2. Agreement (3) If there is an agreement resolving some or all of the issues in dispute, it shall be signed by the designated parties or their lawyers.  O. Reg. 290/99, s. 2. (4) If the agreement resolves all the issues in dispute, the party with carriage of the mediation shall file a notice to that effect with the court, (a) in the case of an unconditional agreement, within 10 days after the agreement is signed; (b) in the case of a conditional agreement, within 10 days after the condition is satisfied.  O. Reg. 290/99, s. 2. (5) Despite subrule (4), if rule 7.08 (person under disability, approval of settlement) also applies to the agreement, the notice shall be filed within 10 days after the event mentioned in clause (4) (a) or (b), or within 10 days after the agreement is approved, whichever is later.  O. Reg. 290/99, s. 2. Failure to Comply with Signed Agreement (6) If a party to a signed agreement fails to comply with its terms, any other party to the agreement may, (a) make a motion to a judge for judgment in the terms of the agreement, and the judge may grant judgment accordingly; or (b) continue the proceeding as if there had been no agreement.  O. Reg. 290/99, s. 2. No Agreement (7) If no agreement is reached that resolves all the issues in dispute, the matter shall proceed in accordance with any directions given under subrule 74.18 (13.1) or rule 75.06. O. Reg. 193/15, s. 21. (8) Except in a contested passing of accounts under rule 74.18, if no directions have been given, a motion for directions under rule 75.06 shall be made as soon as possible by any of the designated parties. O. Reg. 193/15, s. 21.
Outcome of Mediation
 75.1.12 (1) Within 10 days after the mediation is concluded, the mediator shall give the mediation co-ordinator for the county and the designated parties a report on the mediation.  O. Reg. 290/99, s. 2. (2) The mediation co-ordinator may remove from the list the name of a mediator who does not comply with subrule (1).  O. Reg. 290/99, s. 2. Agreement (3) If there is an agreement resolving some or all of the issues in dispute, it shall be signed by the designated parties or their lawyers.  O. Reg. 290/99, s. 2. (4) If the agreement resolves all the issues in dispute, the party with carriage of the mediation shall file a notice to that effect with the court, (a) in the case of an unconditional agreement, within 10 days after the agreement is signed; (b) in the case of a conditional agreement, within 10 days after the condition is satisfied.  O. Reg. 290/99, s. 2. (5) Despite subrule (4), if rule 7.08 (person under disability, approval of settlement) also applies to the agreement, the notice shall be filed within 10 days after the event mentioned in clause (4) (a) or (b), or within 10 days after the agreement is approved, whichever is later.  O. Reg. 290/99, s. 2. Failure to Comply with Signed Agreement (6) If a party to a signed agreement fails to comply with its terms, any other party to the agreement may, (a) make a motion to a judge for judgment in the terms of the agreement, and the judge may grant judgment accordingly; or (b) continue the proceeding as if there had been no agreement.  O. Reg. 290/99, s. 2. No Agreement (7) If no agreement is reached that resolves all the issues in dispute, the matter shall proceed in accordance with any directions given under subrule 74.18 (13.1) or rule 75.06. O. Reg. 193/15, s. 21. (8) Except in a contested passing of accounts under rule 74.18, if no directions have been given, a motion for directions under rule 75.06 shall be made as soon as possible by any of the designated parties. O. Reg. 193/15, s. 21.
Consent Order for Additional Mediation Session
 75.1.13 (1) With the consent of the designated parties, the court may, at any stage in the proceeding, make an order requiring them to participate in an additional mediation session.  O. Reg. 290/99, s. 2. (2) The court may include any necessary directions in the order.  O. Reg. 290/99, s. 2. (3) Rules 75.1.07 to 75.1.12 apply in respect of the additional session, with necessary modifications.  O. Reg. 290/99, s. 2. 75.1.14 Revoked:  O. Reg. 132/04, s. 17. Rule 75.2  Court-Ordered Estates Mediation
Rule 75.2 Court-Ordered Estates Mediation
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Application
 75.2.01 This Rule applies to proceedings for which the court gives direction under clause 74.18 (13.2) (b) or 75.06 (3.1) (b) that a mediation session be conducted. O. Reg. 193/15, s. 22; O. Reg. 111/21, s. 11; O. Reg. 383/21, s. 13.
Definition
 75.2.02 In this Rule, “designated party” means a party whom an order under clause 74.18 (13.2) (b) or 75.06 (3.1) (b) or subrule 75.2.03 (4) requires to attend a mediation session. O. Reg. 193/15, s. 22; O. Reg. 526/21, s. 6. Directions for Conduct of Mediation Motion for Directions 75.2.03 (1) The applicant shall make a motion, in the same way as under rule 75.06, seeking directions respecting the conduct of a mediation to which this Rule applies. O. Reg. 193/15, s. 22. (2) The motion may be combined with a motion under rule 75.06. O. Reg. 193/15, s. 22. Exception (3) Subrule (1) does not apply if the court has already given directions for the conduct of the mediation under clause 74.18 (13.2) (b) or 75.06 (3.1) (b), unless the court orders otherwise. O. Reg. 193/15, s. 22. Directions (4) On the hearing of the motion under this rule, the court may give any direction that may be given under subrule 75.1.05 (4). O. Reg. 193/15, s. 22.
Directions for Conduct of Mediation
 75.2.03 (1) The applicant shall make a motion, in the same way as under rule 75.06, seeking directions respecting the conduct of a mediation to which this Rule applies. O. Reg. 193/15, s. 22. (2) The motion may be combined with a motion under rule 75.06. O. Reg. 193/15, s. 22. Exception (3) Subrule (1) does not apply if the court has already given directions for the conduct of the mediation under clause 74.18 (13.2) (b) or 75.06 (3.1) (b), unless the court orders otherwise. O. Reg. 193/15, s. 22. Directions (4) On the hearing of the motion under this rule, the court may give any direction that may be given under subrule 75.1.05 (4). O. Reg. 193/15, s. 22.
Mediator
 75.2.04 (1) A mediation under this Rule shall be conducted by a person agreed to by the designated parties, subject to subrule (2). O. Reg. 193/15, s. 22. (2) If the designated parties have not chosen a mediator within 30 days after an order giving directions is made under clause 74.18 (13.2) (b) or 75.06 (3.1) (b) or subrule 75.2.03 (4), as the case may be, the court shall, on motion by a designated party, assign a mediator on such terms as may be agreed to by the designated parties or ordered by the court. O. Reg. 193/15, s. 22. (3) A mediator shall not be assigned under subrule (2) without his or her prior consent. O. Reg. 193/15, s. 22. (4) Every person who is chosen or assigned to conduct a mediation under this Rule is required to comply with this Rule. O. Reg. 193/15, s. 22. Procedure before Mediation Session Statement of Issues 75.2.05 (1) At least seven days before the mediation session, every designated party shall prepare a statement in Form 75.1C and provide a copy to every other designated party and to the mediator. O. Reg. 193/15, s. 22. (2) The statement shall identify the factual and legal issues in dispute and briefly set out the position and interests of the party making the statement. O. Reg. 193/15, s. 22. (3) The party making the statement shall attach to it any documents that the party considers of central importance in the proceeding. O. Reg. 193/15, s. 22. Non-Compliance (4) If it is not practical to conduct a mediation session because a designated party fails to comply with subrule (1), the mediator shall cancel the session and immediately file with the court a certificate of non-compliance (Form 75.1D). O. Reg. 193/15, s. 22. Attendance at Mediation Session Who is Required to Attend 75.2.06 (1) The designated parties, and their lawyers if the designated parties are represented, are required to attend the mediation session. O. Reg. 193/15, s. 22. Authority to Settle (2) A designated party who requires another person’s approval before agreeing to a settlement shall, before the mediation session, arrange to have ready telephone access to the other person throughout the session, whether it takes place during or after regular business hours. O. Reg. 193/15, s. 22. Failure to Attend (3) If it is not practical to conduct a scheduled mediation session because a designated party fails to attend within the first 30 minutes of the time appointed for the commencement of the session, the mediator shall cancel the session and immediately file with the court a certificate of non-compliance (Form 75.1D). O. Reg. 193/15, s. 22.
Procedure before Mediation Session
 75.2.05 (1) At least seven days before the mediation session, every designated party shall prepare a statement in Form 75.1C and provide a copy to every other designated party and to the mediator. O. Reg. 193/15, s. 22. (2) The statement shall identify the factual and legal issues in dispute and briefly set out the position and interests of the party making the statement. O. Reg. 193/15, s. 22. (3) The party making the statement shall attach to it any documents that the party considers of central importance in the proceeding. O. Reg. 193/15, s. 22. Non-Compliance (4) If it is not practical to conduct a mediation session because a designated party fails to comply with subrule (1), the mediator shall cancel the session and immediately file with the court a certificate of non-compliance (Form 75.1D). O. Reg. 193/15, s. 22. Attendance at Mediation Session Who is Required to Attend 75.2.06 (1) The designated parties, and their lawyers if the designated parties are represented, are required to attend the mediation session. O. Reg. 193/15, s. 22. Authority to Settle (2) A designated party who requires another person’s approval before agreeing to a settlement shall, before the mediation session, arrange to have ready telephone access to the other person throughout the session, whether it takes place during or after regular business hours. O. Reg. 193/15, s. 22. Failure to Attend (3) If it is not practical to conduct a scheduled mediation session because a designated party fails to attend within the first 30 minutes of the time appointed for the commencement of the session, the mediator shall cancel the session and immediately file with the court a certificate of non-compliance (Form 75.1D). O. Reg. 193/15, s. 22.
Attendance at Mediation Session
 75.2.06 (1) The designated parties, and their lawyers if the designated parties are represented, are required to attend the mediation session. O. Reg. 193/15, s. 22. Authority to Settle (2) A designated party who requires another person’s approval before agreeing to a settlement shall, before the mediation session, arrange to have ready telephone access to the other person throughout the session, whether it takes place during or after regular business hours. O. Reg. 193/15, s. 22. Failure to Attend (3) If it is not practical to conduct a scheduled mediation session because a designated party fails to attend within the first 30 minutes of the time appointed for the commencement of the session, the mediator shall cancel the session and immediately file with the court a certificate of non-compliance (Form 75.1D). O. Reg. 193/15, s. 22.
Remedy for Non-Compliance
 75.2.07 (1) If a certificate of non-compliance is filed, the applicant shall, within 15 days after the date fixed for the mediation session that was cancelled, bring a motion for further directions. O. Reg. 193/15, s. 22. (2) If the applicant fails to bring the motion within that time, any other designated party may, within 30 days after the date fixed for the mediation session that was cancelled, bring the motion. O. Reg. 193/15, s. 22. (3) The court hearing the motion may require the designated parties to appear before the court and may, (a) establish a timetable for the proceeding; (b) strike out any document filed by a designated party; (c) order a designated party to pay costs; or (d) make any other order that is just. O. Reg. 193/15, s. 22.
Confidentiality
 75.2.08 All communications at a mediation session and the mediator’s notes and records shall be deemed to be without prejudice settlement discussions. O. Reg. 193/15, s. 22. Outcome of Mediation Mediator’s Report 75.2.09 (1) The mediator shall give the designated parties a report on the mediation within 10 days after the mediation is concluded. O. Reg. 193/15, s. 22. (2) The applicant shall file the report with the court within 10 days after receiving it from the mediator. O. Reg. 193/15, s. 22. Agreement (3) If there is an agreement resolving some or all of the issues in dispute, it shall be signed by the designated parties or their lawyers. O. Reg. 193/15, s. 22. (4) If the agreement resolves all the issues in dispute, the applicant or another designated party agreed to by the designated parties shall file a notice to that effect with the court, (a) in the case of an unconditional agreement, within 10 days after the agreement is signed; (b) in the case of a conditional agreement, within 10 days after the condition is satisfied. O. Reg. 193/15, s. 22. (5) Despite subrule (4), if rule 7.08 (person under disability, approval of settlement) also applies to the agreement, the notice shall be filed within 10 days after the event mentioned in clause (4) (a) or (b), or within 10 days after the agreement is approved, whichever is later. O. Reg. 193/15, s. 22. Failure to Comply with Signed Agreement (6) If a party to a signed agreement fails to comply with its terms, any other party to the agreement may, (a) make a motion to a judge for judgment in the terms of the agreement, and the judge may grant judgment accordingly; or (b) continue the proceeding as if there had been no agreement. O. Reg. 193/15, s. 22. No Agreement (7) If no agreement is reached that resolves all the issues in dispute, the matter shall proceed in accordance with any directions given under subrule 74.18 (13.1) or rule 75.06. O. Reg. 193/15, s. 22. (8) Except in a contested passing of accounts under rule 74.18, if no directions have been given, a motion for directions under rule 75.06 shall be made as soon as possible by any of the designated parties. O. Reg. 193/15, s. 22.