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Contested passings of accounts remain procedurally challenging terrain. Although Rules 74.15–74.18 of the Rules of Civil Procedure outline how to commence a passing, they do not offer a complete roadmap for what happens after objections are filed. Counsel and fiduciaries are often left navigating disclosure disputes, evidentiary issues, scheduling challenges, and questions about the appropriate hearing format – without meaningful guidance in the Rules themselves.
Our new paper explores how Orders Giving Directions fill this void.
Why Directions Are So Important
An Order Giving Directions customizes the process to the issues at stake, ensuring that the passing proceeds in a fair, efficient, and cost-effective way. Whether the objections relate to compensation, investment decisions, record-keeping, or allegations of breach of trust, directions create clarity. They help avoid unnecessary interlocutory motions and prevent the risk – illustrated in case law – of a court proceeding to adjudication on an incomplete or untested record.
Where the Court Gets Its Authority
We break down the three pillars of jurisdiction that empower courts to craft directions:
- The Estates Act, including s. 49(4);
- Rule 75.06’s broad power to seek directions; and
- The Toronto Estates List Practice Direction, which remains the most practical procedural guide for passings.
What Directions Can Achieve
A well-structured Directions Order can address:
- the issues to be tried;
- the parties and their roles;
- disclosure timelines;
- expert and lay evidence;
- mediation requirements;
- discovery steps; and
- how evidence will be presented at the hearing.
The paper highlights several key decisions such as Zucker Estate, 2012 ONSC 2262, Horbaczyk v. Horbaczyk, 2017 ONSC 6666, and Re: The Estate of Andrew Hargrave Stuart, 2018 ONSC 6333, illustrating how courts use directions to impose structure, narrow issues, and, in some cases, convert a passing into a fully-pleaded action before the accounting proceeds.
The Bottom Line
For practitioners and fiduciaries alike, understanding how to craft, negotiate, and seek directions is essential. Our full paper provides a practical, case-driven overview of the “why, what, and how” of these critical tools.
Read the full paper: Motions And Orders for Directions in Passing of Accounts Applications: The Why, What & How, December 10, 2025, Emily Caza & Kimberly Whaley
