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January 1, 2016 Rules changes and the current Form 74.44

On January 1, 2016, several changes to the Rules of Civil Procedure came into effect. Among them are changes to the notice requirements on an application to pass accounts, contained in Rule 74.18. As of January 1, the notice timelines are extended (60 days before the hearing date in the Notice of Application for service within Ontario, and 75 for service outside Ontario). Also as of that date persons who are served with the Notice of Application may file a “Request for Further Notice,” which is distinct from a Notice of Objection in that the person is not seeking to object to the accounts, but wishes to receive notice of any further steps in the application, including a request for costs or increased costs.

While almost all of the Ontario Court forms have been updated to reflect the changes to the January 1 changes to the Rules, counsel should not that the Notice of Application to Pass Accounts form (form 74.44) has not yet been updated to reflect the above changes. The update is in progress; the revised form is currently awaiting approval from the Estates Subcommittee of the Civil Rules Committee.

In the meantime, counsel are advised by court staff to use the old form, but to refrain from marking it up or attempting to update it by hand, as the estates office will not accept it if it has been altered. Instead, counsel should use a covering letter to the respondent to highlight the respondent’s options and obligations, which are different than those currently indicated on the form.

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