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Estates Practice Updates

We previously reported on the new probate forms that came into effect as of July 1, 2022, (which was set out in Ontario Regulation 435/22).   These new forms sought to amend and clarify the new probate forms that came into effect on January 1, 2022.   The court has now advised that there will be a three (3) month grace period for the new forms, so that the January 2022 or July 2022 forms will be accepted for filing until September 30, 2022.   As of October 1, 2022, only the new forms will be accepted for filing.

The Practice Direction for the Estates List in Toronto has provided a few notices to clarify procedures for passing of accounts recently, particularly in February, April and June, 2022.   The notice has provided new Confirmation and Request forms and confirmed the email address (toronto.estateslist@ontario.ca), as well as, confirmed that the confirmation form is now to be submitted at least five (5) days in advance of the hearing.

The latest Direction (effective June 14, 2022) amended paragraph 16 and added 17, 18 and 19 to clarify that parties may schedule a case conference as opposed to a 9:30 scheduling appointment for a passing of accounts to deal with matters beyond scheduling.



Amendments were recently passed to provide individuals the right to access their personal health information records in electronic format.   Bill 106 (Pandemic and Emergency Preparedness Act, 2022) made amendments to the Personal Health Information Protection Act, 2004 (PHIPA).   These changes give Ontario Health Teams (OHT) authority for enhanced sharing of Personal Health Information (PHI) and grants individuals the right to access their records electronically.   Section 52(1.1) of the PHIPA did provide individuals the right to their health records but did not specify how they could access and receive those records and, this resulted in confusion and delays for individuals, particularly during Covid, when most communications were electronically.  Regulation 393/22, which came into force on July 1, 2022, now specifies that individuals have the right to their health records to be provided to them in a pdf file or other electronic form as agreed upon, including through a portal.   Hopefully this amendment will now make it easier for individuals to access their records in a timely and cost-effective manner.


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