Remedial Provisions
 9.03 (1) Where a proceeding is commenced by or against a person as executor or administrator before a grant of probate or administration has been made and the person subsequently receives a grant of probate or administration, the proceeding shall be deemed to have been properly constituted from its commencement.  R.R.O. 1990, Reg. 194, r. 9.03 (1). Proceeding Brought by or against Estate (2) A proceeding commenced by or against the estate of a deceased person, (a) by naming “the estate of A.B., deceased”, “the personal representative of A.B., deceased” or any similar designation; or (b) in which the wrong person is named as the personal representative, shall not be treated as a nullity, but the court may order that the proceeding be continued by or against the proper executor or administrator of the deceased or against a litigation administrator appointed for the purpose of the proceeding, and the title of the proceeding shall be amended accordingly.  R.R.O. 1990, Reg. 194, r. 9.03 (2). Proceeding Commenced in the Name of or Against a Deceased Person (3) A proceeding commenced in the name of or against a person who has died before its commencement shall not be treated as a nullity, but the court may order that the proceeding be continued by or against the executor or administrator or a litigation administrator appointed for the purpose of the proceeding and the title of the proceeding shall be amended accordingly.  R.R.O. 1990, Reg. 194, r. 9.03 (3). Where There is an Executor or Administrator and a Litigation Administrator has been Appointed (4) Where it appears that a deceased person for whom a litigation administrator has been appointed had an executor or administrator at the time of the appointment, the proceeding shall not be treated as a nullity, but the court may order that the proceeding be continued against the executor or administrator and the title of the proceeding shall be amended accordingly.  R.R.O. 1990, Reg. 194, r. 9.03 (4). General Power (5) A proceeding by or against a deceased person or an estate shall not be treated as a nullity because it was not properly constituted, but the court may order that the proceeding be reconstituted by analogy to the provisions of this rule.  R.R.O. 1990, Reg. 194, r. 9.03 (5). Stay of Proceeding until Properly Constituted (6) No further step in a proceeding referred to in subrule (2), (3), (4) or (5) shall be taken until it is properly constituted and, unless it is properly constituted within a reasonable time, the court may dismiss the proceeding or make such other order as is just.  R.R.O. 1990, Reg. 194, r. 9.03 (6). Terms May be Imposed (7) On making an order under this rule, the court may impose such terms as are just, including a term that an executor or an administrator shall not be personally liable in respect of any part of the estate of a deceased person that the executor or administrator has distributed or otherwise dealt with in good faith while not aware that a proceeding had been commenced against the deceased person or the estate.  R.R.O. 1990, Reg. 194, r. 9.03 (7). RULE 10  REPRESENTATION ORDER Representation of an Interested Person Who Cannot Be Ascertained Proceedings in which Order may be Made 10.01 (1) In a proceeding concerning, (a) the interpretation of a deed, will, contract or other instrument, or the interpretation of a statute, order in council, regulation or municipal by-law or resolution; (b) the determination of a question arising in the administration of an estate or trust; (c) the approval of a sale, purchase, settlement or other transaction; (d) the approval of an arrangement under the Variation of Trusts Act; (e) the administration of the estate of a deceased person; or (f) any other matter where it appears necessary or desirable to make an order under this subrule, a judge may by order appoint one or more persons to represent any person or class of persons who are unborn or unascertained or who have a present, future, contingent or unascertained interest in or may be affected by the proceeding and who cannot be readily ascertained, found or served.  R.R.O. 1990, Reg. 194, r. 10.01 (1). Order Binds Represented Persons (2) Where an appointment is made under subrule (1), an order in the proceeding is binding on a person or class so represented, subject to rule 10.03.  R.R.O. 1990, Reg. 194, r. 10.01 (2). Settlement Affecting Persons who are not Parties (3) Where in a proceeding referred to in subrule (1) a settlement is proposed and some of the persons interested in the settlement are not parties to the proceeding, but, (a) those persons are represented by a person appointed under subrule (1) who assents to the settlement; or (b) there are other persons having the same interest who are parties to the proceeding and assent to the settlement, the judge, if satisfied that the settlement will be for the benefit of the interested persons who are not parties and that to require service on them would cause undue expense or delay, may approve the settlement on behalf of those persons.  R.R.O. 1990, Reg. 194, r. 10.01 (3). (4) A settlement approved under subrule (3) binds the interested persons who are not parties, subject to rule 10.03.  R.R.O. 1990, Reg. 194, r. 10.01 (4).