Passing of Accounts: Request for Further Notice

By Yasmin M. Vinograd of Merovitz Potechin LLP on Thursday January 28, 2016.

In my last blog, Passing of Accounts: New Rules, I listed a number of changes to the Rules of Civil Procedure, affecting Applications to Pass Accounts. In this blog I would like to focus on one of these changes: the addition of a new “type” of participants in the Application.

Participants under the old Rule

Under the old Rule 74.18, a person served with an Application to Pass Accounts could either serve and file a Notice of Objection to the Accounts (Rule 74.18(7)) or do nothing. If the person objected to the accounts, he/she became a formal participant in the Application. If nothing was filed, then the person was not entitled to any further notice regarding the Application.

Request for Further Notice

Rules 74.18(8)-(8.3) are a new addition to the Rules. They provide that a person served with an Application to Pass Accounts who does not object to the passing but wants to receive notice of further steps in the Application, may serve and file a Request for Further Notice in the form prescribed by the Rules (Form 74.45.1). The Request must be served on the Applicant and filed with proof of service at least 35 days before the hearing date specified in the Notice of Application.

By filing the Request, the person is entitled to receive notice of any further steps in the Application, receive further documents, file material relating to costs and if there is a hearing, be heard, examine and cross-examine on an affidavit with respect to a request for increased costs.

To file or not to file?

If the person served with the Application does not file a Notice of Objection or a Request for Further Notice, then he/she will not be entitled to notice of further steps, documents, file material or participate in a hearing. Therefore, any person served with an Application to Pass Accounts ought to bear in mind that by keeping silent and not filing the Request, he/she will not benefit from this new addition to the Rules. While the Court has discretion to order otherwise, it remains to be seen on what grounds the Court will exercise its discretion.

The new Rule is a welcome addition as it allows a person to remain informed about the Application without having to actively participate.

For more information, reach out to our Estate Litigation team at Merovitz Potechin LLP.

The content on this website is for information purposes only and is not legal advice, which cannot be given without knowing the facts of a specific situation. You should never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. The use of the website does not establish a solicitor and client relationship. If you would like to discuss your specific legal needs with us, please contact our office at 613-563-7544 and one of our lawyers will be happy to assist you.

Posted By: Yasmin M. Vinograd of Merovitz Potechin LLP

Managing Partner

Yasmin Vinograd is the Managing partner of Merovitz Potechin LLP. Yasmin’s practice focuses on estate litigation, where she helps clients resolve complex estate disputes such as will challenges, power of attorney challenges, and guardianship applications. She also advises clients on other aspects of estate litigation including passing of accounts, removal and replacement of trustees, dependant support claims, different issues related to capacity, and Elder law.

Yasmin is an internationally trained lawyer and began practicing law in 2004 in Israel. She was called to the Ontario Bar in 2011 and joined Merovitz Potechin LLP shortly thereafter. She provides services in both English and Hebrew.

Yasmin brings an intense passion for practicing law and helping people to her work. She offers clients extensive knowledge of the law, superior expertise in litigation, attention to detail, compassion and a determination to think progressively and outside the box to achieve the best resolution for her clients. Yasmin has been recognized by her peers for inclusion in the 19ᵗʰ edition of The Best Lawyers in Canada™ 2025 for her expertise in Estate Litigation.

Yasmin is a devoted mother and wife, and an active member of her community. She is an avid photographer and enjoys traveling and the outdoors.

[...]