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A Note on Applications to Pass Accounts During COVID-19 in Toronto

This week has brought some welcomed relief from COVID-19 restrictions in Toronto. Though haircuts, patios, and shopping malls are back within reach, it looks like it will take some time for our courts to resume normal operations. That being said, our courts have considerably expanded their operations in order to accommodate a variety of matters. Recently, a process has been approved to permit applications to pass accounts to be made in writing provided that the following conditions are met:

  1. A record containing the following is filed with the court:
    1. An affidavit of service of the notice of application and draft judgment for each of the parties served;
    2. Notice of No Objection to Accounts [Form 74.46] and/or a Notice of Non-Participation in Passing of Accounts [Form 74.46.1] received from the Children’s Lawyer and the Public Guardian and Trustee, if served;
    3. An Affidavit in Support of Unopposed Judgment of Passing of Accounts [Form 74.47] of the applicant or applicant’s solicitor stating:
      1. That a copy of the accounts was provided to each person served with the notice of application and copy of the draft judgment
      2. Proof/exhibits that each beneficiary has consented to pass the accounts.
    4. Requests for Costs [Form 74.49], if any, of the persons served;
    5. Request for Further Notice in Passing of Accounts;
    6. Requests for Increased Costs [Form 74.49.2 or 74.49.3], cost outlines [Form 57B] and responses to requests for increased costs; and
    7. A certificate of the solicitor stating that all documents set out above are included in the record.
  2. A draft of the Judgment sought, in duplicate.
  3. If the Children’s Lawyer or the Public Guardian and Trustee was served and did not file a notice of non-participation in passing of accounts, a copy of the draft judgment approved by the Children’s Lawyer or Public Guardian and Trustee.

Notably, the Judgment sought on an Unopposed Passing of Accounts must be in accordance with Form 74.50.

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