jswizzle3737/ontario_laws_and_regs huggingface dataset:
Costs of Enforcement
 60.19 (1) A party who is entitled to enforce an order is entitled to the costs of the following steps on a partial indemnity scale, unless the court on motion orders otherwise: 1. An examination in aid of execution. 2. The issuing, service, filing, enforcement and renewal of a writ of execution and notice of garnishment. 3. Any other procedure authorized by these rules for enforcing the order.  O. Reg. 206/02, s. 12 (1). (1.1) For greater certainty, subrule (1) includes costs associated with the electronic filing or issuance under these rules of a writ of seizure and sale or any documents relating to the issuance or enforcement of a writ of seizure and sale. O. Reg. 43/14, s. 18. (2) A party entitled to costs under subrule (1) may include in or collect under a writ of execution or notice of garnishment, (a) $50 for the preparation of documents in connection with issuing, renewing and filing with the sheriff the writ of execution or notice of garnishment; (b) disbursements paid to a sheriff, registrar, official examiner, authorized court transcriptionist or other public officer and to which the party is entitled under subrule (1), on filing with the sheriff or registrar a copy of a receipt for each disbursement; (c) an amount determined in accordance with Tariff A for conducting an examination in aid of execution, on filing with the sheriff or registrar an affidavit stating that the examination was conducted; and (d) any other costs to which the party is entitled under subrule (1), on filing with the sheriff or registrar a certificate of assessment of the costs.  R.R.O. 1990, Reg. 194, r. 60.19 (2); O. Reg. 206/02, s. 12 (2, 3); O. Reg. 168/05, s. 2 (1); O. Reg. 260/05, s. 13; O. Reg. 170/14, s. 19. (3) A sheriff or registrar may fix costs under clause (2) (c), (a) if all the parties consent; or (b) if the lawyer’s fee does not exceed $2,000, exclusive of harmonized sales tax (HST).  O. Reg. 168/05, s. 2 (2); O. Reg. 55/12, s. 7. (4) Under clause (3) (b), the sheriff or registrar shall fix costs of $750 plus disbursements.  O. Reg. 168/05, s. 2 (2). (5) When costs are to be fixed by the sheriff or registrar under subrule (3), the party who is entitled to costs shall file a bill of costs with the sheriff or registrar.  O. Reg. 168/05, s. 2 (2).
Limit on Electronic Filing, Issuance
 60.20 Only the following persons may have documents issued electronically or may file documents electronically under Rule 60: 1. A lawyer or a person licensed under the Law Society Act to provide legal services in Ontario. 2. A person who has filed a requisition with the registrar to provide for the electronic issuance and filing of documents in relation to the enforcement of an order. 3. A Minister or body acting under the authority of an Act of Canada or Ontario. O. Reg. 487/16, s. 13. APPEALS RULE 61  APPEALS TO AN APPELLATE COURT
APPEALS
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RULE 61 APPEALS TO AN APPELLATE COURT
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Application of the Rule
 61.01 Rules 61.02 to 61.16 apply to all appeals to an appellate court except as provided in clause 62.01 (1) (b) or rule 62.02 and, with necessary modifications, to proceedings in an appellate court by way of, (a) stated case under a statute; (b) special case under rule 22.03, subject to any directions given under subrule 22.03 (2); and (c) reference under section 8 of the Courts of Justice Act.  R.R.O. 1990, Reg. 194, r. 61.01; O. Reg. 536/96, s. 7; O. Reg. 14/04, s. 28.
Certificate or Agreement Respecting Evidence
 61.05 (1) In order to minimize the number of documents and the length of the transcript required for an appeal, the appellant shall serve and file, with proof of service, with the notice of appeal an appellant’s certificate respecting evidence (Form 61C) setting out only the portions of the evidence that, in the appellant’s opinion, are required for the appeal.  O. Reg. 570/98, s. 5; O. Reg. 82/17, s. 8 (1). Respondent’s Certificate Respecting Evidence (2) Within fifteen days after service of the appellant’s certificate, the respondent shall serve on the appellant, and file with proof of service, a respondent’s certificate respecting evidence (Form 61D), confirming the appellant’s certificate or setting out any additions to or deletions from it.  R.R.O. 1990, Reg. 194, r. 61.05 (2); O. Reg. 82/17, s. 8 (2). (3) A respondent who fails to serve and file a respondent’s certificate within the prescribed time shall be deemed to have confirmed the appellant’s certificate.  R.R.O. 1990, Reg. 194, r. 61.05 (3); O. Reg. 82/17, s. 8 (3). Agreement Respecting Evidence (4) Instead of complying with subrules (1) to (3), the parties may, within thirty days after service of the notice of appeal, make an agreement respecting the documents to be included in the appeal book and compendium and the transcript required for the appeal.  R.R.O. 1990, Reg. 194, r. 61.05 (4); O. Reg. 19/03, s. 12. Ordering Transcripts (5) The appellant shall within thirty days after filing the notice of appeal file proof that the appellant has ordered a transcript of all oral evidence that the parties have not agreed to omit, subject to any direction under subrule 61.09 (4) (relief from compliance).  R.R.O. 1990, Reg. 194, r. 61.05 (5). (6) A party who has previously ordered a transcript of oral evidence shall forthwith modify the order in writing to comply with the certificates or agreement.  R.R.O. 1990, Reg. 194, r. 61.05 (6). (7) When the evidence has been transcribed, the authorized court transcriptionist shall forthwith give written notice to all parties and the Registrar.  R.R.O. 1990, Reg. 194, r. 61.05 (7); O. Reg. 170/14, s. 20. Costs Sanctions for Unnecessary Evidence (8) The court may impose costs sanctions where evidence is transcribed or exhibits are reproduced unnecessarily.  R.R.O. 1990, Reg. 194, r. 61.05 (8).
Security for Costs of Appeal
 61.06 (1) In an appeal where it appears that, (a) there is good reason to believe that the appeal is frivolous and vexatious and that the appellant has insufficient assets in Ontario to pay the costs of the appeal; (b) an order for security for costs could be made against the appellant under rule 56.01; or (c) for other good reason, security for costs should be ordered, a judge of the appellate court, on motion by the respondent, may make such order for security for costs of the proceeding and of the appeal as is just.  R.R.O. 1990, Reg. 194, r. 61.06 (1); O. Reg. 465/93, s. 6. (1.1) If an order is made under subrule (1), rules 56.04, 56.05, 56.07 and 56.08 apply, with necessary modifications.  O. Reg. 288/99, s. 21. (2) If an appellant fails to comply with an order under subrule (1), a judge of the appellate court on motion may dismiss the appeal.  R.R.O. 1990, Reg. 194, r. 61.06 (2).
Appeal Book and Compendium
 61.10 (1) The appeal book and compendium shall contain, in consecutively numbered pages with numbered tabs arranged in the following order, (a) a table of contents describing each document by its nature and date; (b) a copy of the notice of appeal and of any notice of cross-appeal or supplementary notice of appeal or cross-appeal; (c) a copy of the order or decision appealed from as signed and entered; (d) a copy of the reasons of the court or tribunal appealed from, with a further typed or printed copy if the reasons are handwritten; (e) if an earlier order or decision was the subject of the hearing before the court or tribunal appealed from, a copy of the order or decision, as signed and entered, and a copy of any reasons for it, with a further typed or printed copy if the reasons are handwritten; (f) a copy of the pleadings or notice of application or of any other document that initiated the proceeding or defines the issues in it; (g) a copy of any excerpts from a transcript of evidence that are referred to in the appellant’s factum; (h) a copy of any exhibits that are referred to in the appellant’s factum; (i) a copy of any other documents relevant to the hearing of the appeal that are referred to in the appellant’s factum; (j) a copy of the certificates or agreement respecting evidence referred to in rule 61.05; (k) a copy of any order made in respect of the conduct of the appeal; and (l) a certificate (Form 61H) signed by the appellant’s lawyer, or on the lawyer’s behalf by someone he or she has specifically authorized, stating that the contents of the appeal book and compendium are complete and legible.  O. Reg. 19/03, s. 14. (2) The Registrar may refuse to accept an appeal book and compendium if it does not comply with these rules or is not legible.  O. Reg. 19/03, s. 14.
Exhibit Book
 61.10.1 The exhibit book shall contain, in consecutively numbered pages with numbered tabs arranged in the following order, (a) a table of contents describing each exhibit by its nature, date and exhibit number or letter; (b) any affidavit evidence, including exhibits, that the parties have not agreed to omit; (c) transcripts of evidence used on a motion or application that the parties have not agreed to omit; and (d) a copy of each exhibit filed at a hearing or marked on an examination that the parties have not agreed to omit, arranged in order by date (or, if there are documents with common characteristics, grouped accordingly in order by date) and not by exhibit number.  O. Reg. 19/03, s. 15.
Automatic Dismissal by Registrar for Delay, Divisional Court Appeal
 61.13.0.1 (1) Unless the court orders otherwise, the Registrar shall dismiss an appeal to the Divisional Court for delay if the appeal is not set down for hearing or terminated by any means before the later of the fifth anniversary of the filing of the notice of appeal under subrule 61.04 (4) and January 1, 2021. O. Reg. 536/18, s. 3. Exception, Party Under Disability (2) Subrule (1) does not apply if, at the time the Registrar would otherwise be required under that subrule to dismiss an appeal for delay, the appellant is under a disability. O. Reg. 536/18, s. 3. Form of Order (3) An order made under subrule (1) shall be in Form 61I.1. O. Reg. 536/18, s. 3; O. Reg. 689/20, s. 45. Order to be Served (4) The Registrar shall serve an order made under subrule (1) on the parties. O. Reg. 536/18, s. 3. Order to Client (5) A lawyer who is served with an order under subrule (4) on behalf of a client shall promptly give a copy of the order to the client. O. Reg. 536/18, s. 3. Setting Aside (6) The dismissal of an appeal under this rule may be set aside under rule 37.14. O. Reg. 536/18, s. 3.
Failure to Obtain Order to Continue Appeal
 61.13.1 (1) If a transfer or transmission of an appellant’s interest or liability takes place while an appeal is pending and no order to continue is obtained within a reasonable time, a respondent may make a motion to the Registrar, on 10 days notice to the appellant, to have the appeal dismissed for delay.  O. Reg. 570/98, s. 13. (2) If the appellant does not obtain an order to continue before the hearing of the motion or within the longer period allowed by a judge of the appellate court, the Registrar shall make an order dismissing the appeal for delay, with costs fixed at $750, despite rule 58.13.  O. Reg. 570/98, s. 13; O. Reg. 394/09, s. 28. Abandoned Appeals Delivery of Notice of Abandonment 61.14 (1) A party may abandon an appeal or cross-appeal by delivering a notice of abandonment (Form 61K).  R.R.O. 1990, Reg. 194, r. 61.14 (1). Deemed Abandonment (2) A party who serves a notice of appeal or cross-appeal and does not file it within ten days after service shall be deemed to have abandoned the appeal or cross-appeal, unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 61.14 (2). Effect of Abandonment (3) Where an appeal or cross-appeal is abandoned or is deemed to have been abandoned, the appeal or cross-appeal is at an end, and the respondent or appellant is entitled to the costs of the appeal or cross-appeal, subject to subrule (4).  R.R.O. 1990, Reg. 194, r. 61.14 (3); O. Reg. 82/17, s. 11 (1). No Costs (4) The abandonment or deemed abandonment of the appeal or cross-appeal shall be without costs if the respondent or appellant, as the case may be, did not file a response to the appeal or cross-appeal, unless a judge of the appellate court orders otherwise. O. Reg. 82/17, s. 11 (2).
RULE 62 APPEALS FROM INTERLOCUTORY ORDERS AND OTHER APPEALS
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RULE 63 STAY PENDING APPEAL
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Effect of Stay
 63.03 (1) Where an order is stayed, no steps may be taken under the order or for its enforcement, except, (a) by order of a judge of the court to which a motion for leave to appeal has been made or an appeal has been taken; or (b) as provided in subrules (2) and (3).  R.R.O. 1990, Reg. 194, r. 63.03 (1). Entry of Order and Assessment of Costs (2) A stay does not prevent the settling, signing and entering of the order or the assessment of costs.  R.R.O. 1990, Reg. 194, r. 63.03 (2). Writ of Execution (3) A stay does not prevent the issue of a writ of execution or the filing of the writ in a sheriff’s office or land registry office, but no instruction or direction to enforce the writ shall be given to a sheriff while the stay remains in effect.  R.R.O. 1990, Reg. 194, r. 63.03 (3). Certificate of Stay (4) Where an order is stayed, the registrar of the court, (a) that granted the stay; or (b) to which an appeal has been taken, shall issue, on requisition by a party to the appeal, a certificate of stay (Form 63A) and, when the certificate has been filed with the sheriff, the sheriff shall not commence or continue enforcement of the order until satisfied that the stay is no longer in effect.  R.R.O. 1990, Reg. 194, r. 63.03 (4); O. Reg. 288/99, s. 22 (1). (5) A requisition for a certificate of stay under subrule (4) shall state whether the stay is under subrule 63.01 (1) or by order under subrule 63.02 (1), and if by order, shall set out particulars of the order.  R.R.O. 1990, Reg. 194, r. 63.03 (5); O. Reg. 288/99, s. 22 (2). (5.1) If an order of the Landlord and Tenant Board is stayed under subsection 25 (1) of the Statutory Powers Procedure Act, the registrar of the court to which an appeal has been taken shall issue, on requisition by a party to the appeal, a certificate of stay (Form 63B) and, when the certificate has been filed with the sheriff, the sheriff shall not commence or continue enforcement of the order until satisfied that the stay is no longer in effect.  O. Reg. 288/99, s. 22 (3); O. Reg. 43/14, s. 21 (1). (5.2) A requisition for a certificate of stay under subrule (5.1) shall state that there is no order of the Landlord and Tenant Board that would prevent the automatic stay pending appeal.  O. Reg. 288/99, s. 22 (3); O. Reg. 43/14, s. 21 (2). Setting Aside Writ of Execution (6) A judge of the court to which a motion for leave to appeal has been made or an appeal has been taken may set aside the issue or filing of a writ of execution where the moving party or appellant gives security satisfactory to the court.  R.R.O. 1990, Reg. 194, r. 63.03 (6). PARTICULAR PROCEEDINGS RULE 64  MORTGAGE ACTIONS
PARTICULAR PROCEEDINGS
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RULE 64 MORTGAGE ACTIONS
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Definition
 64.01 In rules 64.02 to 64.06, “subsequent encumbrancer” means a person who has a lien, charge or encumbrance on the mortgaged property subsequent to the mortgage in question in the action.  R.R.O. 1990, Reg. 194, r. 64.01.
RULE 65 PROCEEDINGS FOR ADMINISTRATION
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Where Available
 65.01 (1) A proceeding for the administration of the estate of a deceased person or for the execution of a trust may be commenced by notice of application, (a) by a person claiming to be a creditor of the estate of the deceased person; (b) by a person claiming to be a beneficiary under the will or on the intestacy of the deceased person or under the instrument of trust; or (c) by an executor or administrator of the estate of the deceased person or a trustee.  R.R.O. 1990, Reg. 194, r. 65.01 (1). (2) A judgment for administration of an estate (Form 65A) or for execution of a trust shall be granted only if the judge is satisfied that the questions between the parties cannot otherwise be properly determined.  R.R.O. 1990, Reg. 194, r. 65.01 (2). (3) Where no accounts or insufficient accounts have been rendered, the judge may, instead of granting judgment for administration of the estate or for execution of the trust, order that the executors, administrators or trustees render to the applicant a proper statement of their accounts and may stay the application in the meantime.  R.R.O. 1990, Reg. 194, r. 65.01 (3).
Where a Reference is Directed
 65.02 (1) A judgment for administration of an estate or for execution of a trust shall direct a reference, and the referee has power to deal with the property of the estate or trust, including power to give all necessary directions for its realization, and shall finally wind up all matters connected with the estate or trust without any further directions, except where the special circumstances of the case require interim reports or interlocutory orders.  R.R.O. 1990, Reg. 194, r. 65.02 (1). (2) Interest on accounts taken in administration proceedings shall be computed on the debts of the deceased from the date of the judgment and on legacies from the end of one year after the death of the deceased, unless the will directs another time for payment.  R.R.O. 1990, Reg. 194, r. 65.02 (2). (3) All money realized from the estate or trust shall forthwith be paid into court, and no money shall be distributed or paid out except by order of a judge or, on a reference, by order of the referee.  R.R.O. 1990, Reg. 194, r. 65.02 (3); O. Reg. 465/93, s. 9. RULE 66  PARTITION PROCEEDINGS
RULE 66 PARTITION PROCEEDINGS
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Where Available
 66.01 (1) A person who is entitled to compel partition of land may commence an action or application under the Partition Act.  O. Reg. 770/92, s. 16. (2) A proceeding for partition or sale by or on behalf of a minor shall be on notice to the Children’s Lawyer.  R.R.O. 1990, Reg. 194, r. 66.01 (2); O. Reg. 69/95, s. 19.
Form of Judgment
 66.02 A judgment for partition or sale shall be in Form 66A.  R.R.O. 1990, Reg. 194, r. 66.02.
Proceeds of Sale
 66.03 All money realized in a partition proceeding from sale of land shall forthwith be paid into court, unless the parties agree otherwise, and no money shall be distributed or paid out except by order of a judge or, on a reference, by order of the referee.  O. Reg. 396/91, s. 13. RULE 67  PROCEEDINGS CONCERNING THE ESTATES OF MINORS
RULE 67 PROCEEDINGS CONCERNING THE ESTATES OF MINORS
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How Commenced
 67.01 A proceeding for approval of the sale, mortgage, lease or other disposition of property of a minor may be commenced by notice of application on notice to the Children’s Lawyer.  R.R.O. 1990, Reg. 194, r. 67.01; O. Reg. 69/95, s. 19.
Affidavit in Support
 67.02 (1) The affidavit in support of the application shall state, (a) the nature and amount of all the property to which the minor is entitled; (b) the nature and value of the property to be disposed of; (c) what annual income the property yields; and (d) the facts relied on to establish the necessity for the proposed disposition.  R.R.O. 1990, Reg. 194, r. 67.02 (1). (2) Where an allowance is sought for support of the minor, the affidavit shall state the amount required and the facts relied on to establish the need for the allowance and, where applicable, shall show the necessity for resorting to the property to provide the allowance.  R.R.O. 1990, Reg. 194, r. 67.02 (2); O. Reg. 263/03, s. 7. (3) Where the appointment of a guardian is sought, the affidavit shall state the reasons for the appointment and the facts relied on to justify the appointment of the person proposed.  R.R.O. 1990, Reg. 194, r. 67.02 (3).
Where Consent Required
 67.03 (1) Approval of the sale, mortgage, lease or other disposition of property of a minor over the age of sixteen years shall not be given unless the consent of the minor has been filed, together with a lawyer’s affidavit stating the lawyer’s belief that the minor understood the consent when the lawyer read and explained it.  O. Reg. 575/07, s. 29. (2) A judge hearing an application referred to in subrule (1) may dispense with the necessity of filing the minor’s consent and lawyer’s affidavit.  O. Reg. 575/07, s. 29. (3) The judge may examine the minor with respect to his or her consent.  R.R.O. 1990, Reg. 194, r. 67.03 (3). (4) Where the minor is outside Ontario, the judge may direct an inquiry to be made concerning the minor’s consent in such manner as is just.  R.R.O. 1990, Reg. 194, r. 67.03 (4). RULE 68  PROCEEDINGS FOR JUDICIAL REVIEW
RULE 68 PROCEEDINGS FOR JUDICIAL REVIEW
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How Commenced
 68.01 (1) An application to the Divisional Court or to the Superior Court of Justice for judicial review under the Judicial Review Procedure Act
shall be commenced by notice of application, and where the application is to the Divisional Court the notice of application shall be in Form 68A.  R.R.O. 1990, Reg. 194, r. 68.01 (1); O. Reg. 292/99, s. 1 (2). (2) If the application is made to the Divisional Court and is not commenced at a regional centre, the local registrar in the place where it is commenced shall forthwith transfer a copy of the notice of application and of any material filed in support of the application to the court office in the regional centre of the region where the application is to be heard, and all further documents in the application shall be filed there.  R.R.O. 1990, Reg. 194, r. 68.01 (2). Applicable Procedure Divisional Court 68.02 (1) Rule 38, except as provided in subrule 38.01 (2), and rules 68.03 to 68.07 apply to applications to the Divisional Court for judicial review. R.R.O. 1990, Reg. 194, r. 68.02 (1); O. Reg. 536/18, s. 5. Superior Court of Justice (2) Rule 38 applies to applications to the Superior Court of Justice for judicial review under subsection 6 (2) of the Judicial Review Procedure Act.  R.R.O. 1990, Reg. 194, r. 68.02 (2); O. Reg. 292/99, ss. 1 (2), 2 (1).
Applicable Procedure
 68.02 (1) Rule 38, except as provided in subrule 38.01 (2), and rules 68.03 to 68.07 apply to applications to the Divisional Court for judicial review. R.R.O. 1990, Reg. 194, r. 68.02 (1); O. Reg. 536/18, s. 5. Superior Court of Justice (2) Rule 38 applies to applications to the Superior Court of Justice for judicial review under subsection 6 (2) of the Judicial Review Procedure Act.  R.R.O. 1990, Reg. 194, r. 68.02 (2); O. Reg. 292/99, ss. 1 (2), 2 (1).
Certificate of Perfection
 68.05 (1) The applicant shall file with the application record a certificate of perfection, (a) stating that all the material required to be filed by the applicant for the hearing of the application has been filed; and (b) setting out, with respect to every party to the application and any other person entitled by statute or by an order under rule 13.03 (intervention) to be heard on the application, (i) the name, address and telephone number of the party’s or other person’s lawyer, or (ii) the name, address for service and telephone number of the party or other person, if acting in person.  O. Reg. 260/05, s. 15; O. Reg. 248/21, s. 13. (2) When the certificate of perfection has been filed, the registrar shall place the application on a list for hearing and give notice of listing for hearing (Form 68B) by mail to the parties and the other persons named in the certificate of perfection.  R.R.O. 1990, Reg. 194, r. 68.05 (2). Dismissal for Delay Motion by Respondent 68.06 (1) Where the applicant has not, (a) delivered an application record and factum within the time prescribed by subrule 68.04 (1); or (b) filed a certificate of perfection as required by subrule 68.05 (1), the respondent may make a motion to the registrar at the place of hearing, on ten days notice to the applicant, to have the application dismissed for delay.  R.R.O. 1990, Reg. 194, r. 68.06 (1). Notice by Registrar (2) Where the applicant has not delivered an application record and factum and filed a certificate of perfection within one year after the application was commenced, the registrar may serve notice on the applicant that the application will be dismissed for delay unless the applicant delivers an application record and factum and files a certificate of perfection within ten days after service of notice.  R.R.O. 1990, Reg. 194, r. 68.06 (2). Registrar to Dismiss where Default not Cured (3) Where the applicant does not cure the default within ten days after service of a notice under subrule (1) or (2) or such longer period as a judge of the Divisional Court allows, the registrar shall make an order in Form 68C dismissing the application for delay, with costs fixed at $750, despite rule 58.13.  R.R.O. 1990, Reg. 194, r. 68.06 (3); O. Reg. 394/09, s. 31. Review of Registrar’s Dismissal (4) A party affected by an order of the registrar under subrule (3) may make a motion under subrule 61.16 (5) to set aside or vary the order.  R.R.O. 1990, Reg. 194, r. 68.06 (4).
Dismissal for Delay
 68.06 (1) Where the applicant has not, (a) delivered an application record and factum within the time prescribed by subrule 68.04 (1); or (b) filed a certificate of perfection as required by subrule 68.05 (1), the respondent may make a motion to the registrar at the place of hearing, on ten days notice to the applicant, to have the application dismissed for delay.  R.R.O. 1990, Reg. 194, r. 68.06 (1). Notice by Registrar (2) Where the applicant has not delivered an application record and factum and filed a certificate of perfection within one year after the application was commenced, the registrar may serve notice on the applicant that the application will be dismissed for delay unless the applicant delivers an application record and factum and files a certificate of perfection within ten days after service of notice.  R.R.O. 1990, Reg. 194, r. 68.06 (2). Registrar to Dismiss where Default not Cured (3) Where the applicant does not cure the default within ten days after service of a notice under subrule (1) or (2) or such longer period as a judge of the Divisional Court allows, the registrar shall make an order in Form 68C dismissing the application for delay, with costs fixed at $750, despite rule 58.13.  R.R.O. 1990, Reg. 194, r. 68.06 (3); O. Reg. 394/09, s. 31. Review of Registrar’s Dismissal (4) A party affected by an order of the registrar under subrule (3) may make a motion under subrule 61.16 (5) to set aside or vary the order.  R.R.O. 1990, Reg. 194, r. 68.06 (4).
Automatic Dismissal by Registrar for Delay
 68.07 (1) Unless the court orders otherwise, the Registrar shall dismiss an application to the Divisional Court for delay if the application is not set down for hearing or terminated by any means before the later of the fifth anniversary of the filing of the notice of application under subrule 68.01 (1) and January 1, 2021. O. Reg. 536/18, s. 6. Exception, Party Under Disability (2) Subrule (1) does not apply if, at the time the Registrar would otherwise be required under that subrule to dismiss an application for delay, the applicant is under a disability. O. Reg. 536/18, s. 6. Form of Order (3) An order made under subrule (1) shall be in Form 68D. O. Reg. 536/18, s. 6; O. Reg. 689/20, s. 47. Order to be Served (4) The Registrar shall serve an order made under subrule (1) on the parties. O. Reg. 536/18, s. 6. Order to Client (5) A lawyer who is served with an order under subrule (4) on behalf of a client shall promptly give a copy of the order to the client. O. Reg. 536/18, s. 6. Setting Aside (6) The dismissal of an application under this rule may be set aside under rule 37.14. O. Reg. 536/18, s. 6. RULE 69, 70 Revoked:  O. Reg.131/04, s. 17. RULE 71 Revoked:  O. Reg. 288/99, s. 26. RULE 72 PAYMENT INTO AND OUT OF COURT
RULE 72 PAYMENT INTO AND OUT OF COURT
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Discharge of a Mortgage
 72.04 (1) A person entitled to the discharge of a mortgage held by the Accountant may send to the Accountant the document required to discharge the mortgage, with a request that the Accountant execute the document. O. Reg. 399/12, s. 7 (1). (2) If the Accountant is satisfied that the money secured by the mortgage has been paid in full, the Accountant shall execute the discharge document. O. Reg. 399/12, s. 7 (1). (3) After executing the discharge document, the Accountant shall hand over all documents that relate to the mortgage in return for a receipt for the documents and shall assign any policy of insurance in respect of the mortgaged property to the person entitled to the discharge or as the person directs in writing.  R.R.O. 1990, Reg. 194, r. 72.04 (3); O. Reg. 399/12, s. 7 (2).
Stop Order
 72.05 (1) On motion without notice in a proceeding or, where there is no proceeding pending, on application without notice by a person who claims to be entitled to money or securities held or to be held in the future by the Accountant for the benefit of another person, the court may make a stop order (Form 72C) directing that the money or securities shall not be dealt with except on notice to the moving party or applicant.  R.R.O. 1990, Reg. 194, r. 72.05 (1); O. Reg. 399/12, s. 8. (2) On a motion or application for a stop order, the moving party or applicant shall, unless the court orders otherwise, undertake to abide by any order concerning damages that the court may make if it ultimately appears that the granting of the order has caused damage to any person for which the moving party or applicant ought to compensate the person.  R.R.O. 1990, Reg. 194, r. 72.05 (2). (3) A person who has obtained an order under subrule (1) may make a motion on notice to all interested parties for an order for payment out.  R.R.O. 1990, Reg. 194, r. 72.05 (3). RULE 73  RECIPROCAL ENFORCEMENT OF UNITED KINGDOM JUDGMENTS
RULE 73 RECIPROCAL ENFORCEMENT OF UNITED KINGDOM JUDGMENTS
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Definitions
 73.01 In rules 73.01 to 73.03, “Act” means the Reciprocal Enforcement of Judgments (U.K.) Act; (“Loi”) “Convention” means the convention appearing as a schedule to the Act; (“Convention”) “judgment” means a judgment to which the Convention applies. (“jugement”)  R.R.O. 1990, Reg. 194, r. 73.01. Application for Registration of Judgment Notice of Application 73.02 (1) Notice of an application under the Act for registration of a judgment granted by a court in the United Kingdom shall be in Form 73A.  R.R.O. 1990, Reg. 194, r. 73.02 (1). Supporting Material (2) The application shall be supported by an affidavit that confirms the statements contained in the notice of application and sets out any additional facts necessary to establish that the applicant is entitled to register and enforce the judgment.  R.R.O. 1990, Reg. 194, r. 73.02 (2). (3) The judgment and the original proof of service of the originating process of the United Kingdom court, or certified copies of them, shall accompany the affidavit as exhibits.  R.R.O. 1990, Reg. 194, r. 73.02 (3). (4) The affidavit may contain statements of the deponent’s information and belief, if the source of the information and the fact of the belief are specified in the affidavit.  R.R.O. 1990, Reg. 194, r. 73.02 (4).
Application for Registration of Judgment
 73.02 (1) Notice of an application under the Act for registration of a judgment granted by a court in the United Kingdom shall be in Form 73A.  R.R.O. 1990, Reg. 194, r. 73.02 (1). Supporting Material (2) The application shall be supported by an affidavit that confirms the statements contained in the notice of application and sets out any additional facts necessary to establish that the applicant is entitled to register and enforce the judgment.  R.R.O. 1990, Reg. 194, r. 73.02 (2). (3) The judgment and the original proof of service of the originating process of the United Kingdom court, or certified copies of them, shall accompany the affidavit as exhibits.  R.R.O. 1990, Reg. 194, r. 73.02 (3). (4) The affidavit may contain statements of the deponent’s information and belief, if the source of the information and the fact of the belief are specified in the affidavit.  R.R.O. 1990, Reg. 194, r. 73.02 (4).
Enforcement of Judgment
 73.03 A judgment registered under the Act may be enforced as if it had been granted by the court.  R.R.O. 1990, Reg. 194, r. 73.03. RULE 74  ESTATES — NON-CONTENTIOUS PROCEEDINGS
RULE 74 ESTATES — NON-CONTENTIOUS PROCEEDINGS
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Definitions
 74.01 In this Rule and in Rules 74.1 and 75, “estate trustee” means an executor, administrator or administrator with the will annexed; (“fiduciaire de la succession”) “estate trustee during litigation” means an administrator appointed pending an action; (“fiduciaire de la succession pour la durée du litige”) “estate trustee with a will” means an executor or an administrator with the will annexed; (“fiduciaire de la succession testamentaire”) “estate trustee without a will” means an administrator; (“fiduciaire de la succession non testamentaire”) “objection to issuing of certificate of appointment” means a caveat; (“opposition à la délivrance d’un certificat de nomination”) “proof of death” means documentary evidence of a person’s death, including a death certificate issued by the Registrar General, a certificate in respect of the death issued by a funeral director, or an order made under the Declarations of Death Act, 2002
declaring that the person has died. (“preuve de décès”) O. Reg. 484/94, s. 12; O. Reg. 193/15, s. 7; O. Reg. 111/21, s. 7; O. Reg. 383/21, s. 6.
Certificate of Appointment of Foreign Estate Trustee’s Nominee as Estate Trustee without a Will
 74.05.1 (1) An application for a certificate of appointment of foreign estate trustee’s nominee as estate trustee without a will shall be in Form 74J and shall be accompanied by, (a) a nomination (Form 74K) of the applicant by the estate trustee appointed in the jurisdiction where the deceased was domiciled at the date of death; (b) a copy of the document appointing the foreign estate trustee, certified under the seal of the court that granted it; (c) a certificate under the seal of the court that granted the foreign document, issued within a reasonable amount of time before the date of the application and stating that the foreign document remains effective as of the date of the certificate; (d) the security required by the Estates Act; and (e) such additional or other material as the court directs.  O. Reg. 332/96, s. 3; O. Reg. 709/21, s. 6 (1, 2). Certificate (2) The certificate of appointment of foreign estate trustee’s nominee as estate trustee without a will shall be in Form 74C. O. Reg. 709/21, s. 6 (3). Certificate of Appointment of Succeeding Estate Trustee with a Will Application 74.06 (1) An application for a certificate of appointment of estate trustee to succeed an estate trustee with a will or for a certificate of appointment of estate trustee to succeed an estate trustee with a will limited to the assets referred to in the will shall be in Form 74J, and shall be accompanied by, (a) the original certificate of appointment or, if the original certificate has been lost, a copy of it certified by the court; (b) a renunciation (Form 74G) from every living person who is named in the will or codicil as an estate trustee and who has not joined in the application and is entitled to do so; (c) if the applicant is not named as an estate trustee in the will or codicil, a consent (Form 74H) to the application by persons who are entitled to share in the distribution of the remaining estate and who together have a majority interest in the value of the assets remaining in the estate at the date of the application; (d) in the case of an application for a certificate of appointment of succeeding estate trustee with a will limited to the assets referred to in the will, a draft order (Form 74I) granting the certificate of appointment; (e) any security required by the Estates Act; and (f) such additional or other material as the court directs. O. Reg. 709/21, s. 7. Certificate (2) A certificate of appointment of succeeding estate trustee with a will or certificate of appointment of succeeding estate trustee with a will limited to the assets referred to in the will shall be in Form 74C. O. Reg. 709/21, s. 7.
Certificate of Appointment of Succeeding Estate Trustee with a Will
 74.06 (1) An application for a certificate of appointment of estate trustee to succeed an estate trustee with a will or for a certificate of appointment of estate trustee to succeed an estate trustee with a will limited to the assets referred to in the will shall be in Form 74J, and shall be accompanied by, (a) the original certificate of appointment or, if the original certificate has been lost, a copy of it certified by the court; (b) a renunciation (Form 74G) from every living person who is named in the will or codicil as an estate trustee and who has not joined in the application and is entitled to do so; (c) if the applicant is not named as an estate trustee in the will or codicil, a consent (Form 74H) to the application by persons who are entitled to share in the distribution of the remaining estate and who together have a majority interest in the value of the assets remaining in the estate at the date of the application; (d) in the case of an application for a certificate of appointment of succeeding estate trustee with a will limited to the assets referred to in the will, a draft order (Form 74I) granting the certificate of appointment; (e) any security required by the Estates Act; and (f) such additional or other material as the court directs. O. Reg. 709/21, s. 7. Certificate (2) A certificate of appointment of succeeding estate trustee with a will or certificate of appointment of succeeding estate trustee with a will limited to the assets referred to in the will shall be in Form 74C. O. Reg. 709/21, s. 7.
Certificate of Appointment of Succeeding Estate Trustee without a Will
 74.07 (1) An application for a certificate of appointment of estate trustee to succeed an estate trustee without a will shall be in Form 74J, and shall be accompanied by, (a) the original certificate of appointment or, if the original certificate has been lost, a copy of it certified by the court; (b) a consent (Form 74H) to the application by persons who are entitled to share in the distribution of the remaining estate and who together have a majority interest in the value of the assets remaining in the estate at the date of the application; (c) the security required by the Estates Act; and (d) such additional or other material as the court directs.  O. Reg. 484/94, s. 12; O. Reg. 709/21, s. 8 (1, 2). (2) The certificate of appointment of succeeding estate trustee without a will shall be in Form 74C.  O. Reg. 484/94, s. 12; O. Reg. 55/12, s. 11; O. Reg. 709/21, s. 8 (3).
Confirmation by Resealing of Appointment of Estate Trustee with or without a Will
 74.08 (1) An application for confirmation by resealing of the appointment of an estate trustee with or without a will that was granted by a court of competent jurisdiction in the United Kingdom, in a province or territory of Canada or in any British possession shall be in Form 74J, and shall be accompanied by, (a) two certified copies of the document under the seal of the court that granted it, or the original document and one certified copy under the seal of the court that granted it; (b) the security required by the Estates Act; and (c) such additional or other material as the court directs.  O. Reg. 484/94, s. 12; O. Reg. 740/94, s. 2; O. Reg. 653/00, s. 7; O. Reg. 709/21, s. 9 (1). (2) A confirmation by resealing of the appointment of an estate trustee with or without a will shall be in Form 74C.  O. Reg. 484/94, s. 12; O. Reg. 709/21, s. 9 (2).
Certificate of Ancillary Appointment of Estate Trustee with a Will
 74.09 (1) An application for a certificate of ancillary appointment of estate trustee with a will where the applicant has been appointed by a court having jurisdiction outside Ontario, other than a jurisdiction referred to in rule 74.08, shall be in Form 74J, and shall be accompanied by, (a) two certified copies of the document under the seal of the court that granted it; (b) the security required by the Estates Act; and (c) such additional or other material as the court directs.  O. Reg. 484/94, s. 12; O. Reg. 740/94, s. 3; O. Reg. 653/00, s. 8; O. Reg. 709/21, s. 10 (1). (2) A certificate of ancillary appointment of estate trustee with a will shall be in Form 74C. O. Reg. 709/21, s. 10 (2).
Certificate of Appointment of Estate Trustee during Litigation
 74.10 (1) An application for a certificate of appointment of estate trustee during litigation shall be in Form 74J, and shall be accompanied by, (a) a copy of the order appointing the applicant as estate trustee during litigation; (b) the security required by the Estates Act; and (c) such additional or other material as the court directs. O. Reg. 484/94, s. 12; O. Reg. 383/21, s. 16; O. Reg. 709/21, s. 11 (1). (2) A certificate of appointment of estate trustee during litigation shall be in Form 74C. O. Reg. 484/94, s. 12; O. Reg. 383/21, s. 16; O. Reg. 709/21, s. 11 (2).
Procedure on Applications for Certificates of Appointment of Estate Trustees
 74.12 (1) If the registrar determines that a will or codicil has been deposited in the Superior Court of Justice that prevents confirmation under clause 16 (c) or (d) of the Estates Act, the registrar shall send a copy of the application, together with a notice in Form 74N, to the estate trustee named in the deposited will or codicil by regular lettermail to the last address on record with the court. O. Reg. 690/20, s. 4; O. Reg. 248/21, s. 14; O. Reg. 709/21, s. 13. (2), (3) Revoked: O. Reg. 690/20, s. 4. Establishing Date of Execution (4) If a will is not dated or is dated imperfectly, the date of execution may be established by the evidence of an attesting witness or, where the evidence as to the date of execution cannot be obtained, evidence that the execution took place between two specific dates or that a search has been made and no will that could be of a later date has been found. O. Reg. 484/94, s. 12. Registrar’s Notes (5) If a judge makes an order voiding a devise or bequest of a beneficial interest under a will or codicil, or declaring that a person named in the application as a person who is entitled to share in the distribution of the estate does not have an interest in the estate, the registrar shall note that fact, and the date on which the order was made, on the certificate of appointment. O. Reg. 435/22, s. 3. (6) Revoked: O. Reg. 435/22, s. 3. Deposit Equal to Tax Deposit Payable at Time of Application 74.13 (1) The deposit equal to tax referred to in the Estate Administration Tax Act, 1998 shall be paid at the time an application for a certificate of appointment of estate trustee is made. O. Reg. 24/00, s. 14; O. Reg. 383/21, s. 16. Exception (2) The court may issue the certificate of appointment where the applicant, (a) files with the court an affidavit as to the estimated value of the estate at the time of the application and pays the deposit equal to tax calculated on the estimated value; and (b) provides an undertaking to the court that the applicant will, within six months after giving the undertaking, file a sworn statement of the total value of the estate and pay the additional tax payable if the actual value is higher than the estimated value.  O. Reg. 24/00, s. 14. (3) The court may issue the certificate of appointment without the payment of a deposit equal to tax if the applicant has obtained an order under subsection 4 (1) of the Estate Administration Tax Act, 1998.  O. Reg. 24/00, s. 14. (4) Where an undertaking given under subrule (2) is not fulfilled or the terms of an order under subsection 4 (1) of the Estate Administration Tax Act, 1998 are not complied with, the court may, on the request of the registrar, make an order for compliance.  O. Reg. 24/00, s. 14.
Deposit Equal to Tax
 74.13 (1) The deposit equal to tax referred to in the Estate Administration Tax Act, 1998 shall be paid at the time an application for a certificate of appointment of estate trustee is made. O. Reg. 24/00, s. 14; O. Reg. 383/21, s. 16. Exception (2) The court may issue the certificate of appointment where the applicant, (a) files with the court an affidavit as to the estimated value of the estate at the time of the application and pays the deposit equal to tax calculated on the estimated value; and (b) provides an undertaking to the court that the applicant will, within six months after giving the undertaking, file a sworn statement of the total value of the estate and pay the additional tax payable if the actual value is higher than the estimated value.  O. Reg. 24/00, s. 14. (3) The court may issue the certificate of appointment without the payment of a deposit equal to tax if the applicant has obtained an order under subsection 4 (1) of the Estate Administration Tax Act, 1998.  O. Reg. 24/00, s. 14. (4) Where an undertaking given under subrule (2) is not fulfilled or the terms of an order under subsection 4 (1) of the Estate Administration Tax Act, 1998 are not complied with, the court may, on the request of the registrar, make an order for compliance.  O. Reg. 24/00, s. 14.
Issuance of Certificate of Appointment of Estate Trustee
 74.14 (1) The registrar may issue a certificate of appointment of estate trustee (Form 74C), (a) if the registrar is satisfied that, (i) issuance is not prevented under section 16 of the Estates Act, (ii) the application for the certificate contains the information, evidence and supporting documentation required by these rules or under any Act, and (iii) 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. 690/20, s. 5; O. Reg. 709/21, s. 14 (1). 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. 690/20, s. 5. 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. 690/20, s. 5. Referral to Judge (4) The registrar shall refer an application for a certificate of appointment of estate trustee to a judge for determination if, in the registrar’s opinion, the application raises an issue that requires determination by a judge. O. Reg. 690/20, s. 5. Notice of Refusal (5) If the registrar refuses under subrule (3) to issue the certificate, the registrar shall send a notice in Form 74O 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. 690/20, s. 5; O. Reg. 709/21, s. 14 (2); O. Reg. 435/22, s. 4.
Authentication of Certificate of Appointment
 74.14.1 Authentication of a certificate of appointment issued under this Rule may be obtained by making a written request to the registrar of the court that issued the certificate of appointment for, (a) a certificate of grant, to be signed by the registrar, if the authentication is intended for use in Canada; or (b) an exemplification certificate, to be signed by the registrar and a judge of the court, if the authentication is intended for use outside Canada. O. Reg. 193/15, s. 11.