Consent to application
19 (1) Subject to this section, every application to the court under this Act shall be made with the concurrence or consent of all those in existence having any estate or beneficial interest under the settlement and of all trustees having any estate or interest on behalf of any unborn child.  R.S.O. 1990, c. S.7, s. 19 (1). Notice to persons who do not consent or concur (2) Where the concurrence or consent of any person mentioned in subsection (1) has not been obtained, notice shall be given to such person in such manner as the court directs, requiring the person to notify within a time to be specified in the notice whether the person assents to or dissents from the application or submits the person’s rights or interests, or so far as they may be affected by the application, to be dealt with by the court, and every notice shall specify to whom and in what manner the notification is to be delivered or left.  R.S.O. 1990, c. S.7, s. 19 (2). Effect of non-reply (3) If no notification is delivered or left in accordance with the notice and within the time thereby limited, the person to or for whom the notice has been given or left shall be deemed to have submitted the person’s rights and interests to be dealt with by the court.  R.S.O. 1990, c. S.7, s. 19 (3). When court may dispense with notice (4) Where the concurrence or consent of any such person has not been obtained, and if such person cannot be found or if it is uncertain whether the person is living or dead, or if it appears to the court that the notice cannot be given to the person without expense disproportionate to the value of the subject-matter of the application, the court if it thinks fit, either on the ground of the rights or interests of such person being small or remote or being similar to the rights or interests of any other person or on any other ground, may by order dispense with notice to such person, and such person shall thereupon be deemed to have submitted the person’s rights and interests to be dealt with by the court.  R.S.O. 1990, c. S.7, s. 19 (4). When court may dispense with consent (5) An order may be made despite the fact that the concurrence or consent of any such person has not been obtained or has been refused, but the court, in considering the application, shall have regard to the number of persons who concur in or consent to the application and who dissent therefrom or who submit or are to be deemed to submit their rights or interests to be dealt with by the court, and to the estates or interests that such persons respectively have or claim to have in the estate, and every order made upon such application has the same effect as if all such persons had been consenting parties thereto.  R.S.O. 1990, c. S.7, s. 19 (5). Order saving rights of non-consenting parties (6) The court may give effect to any application subject to and so as not to affect the rights, estate or interest of any person whose concurrence or consent has been refused, or who has not submitted or is not deemed to have submitted the person’s rights or interests to be dealt with by the court, or whose rights, estate or interest ought in the opinion of the court to be excepted.  R.S.O. 1990, c. S.7, s. 19 (6).