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ontario regulation 383/21

made under the

Courts of Justice Act

Made: May 25, 2021
Approved: May 27, 2021
Filed: May 28, 2021
Published on e-Laws: May 31, 2021
Printed in The �������� Gazette: June 12, 2021

Amending Reg. 194 of R.R.O. 1990

(RULES OF CIVIL PROCEDURE)

1. (1) Subrule 1.03 (1) of Regulation 194 of the Revised Regulations of ��������, 1990 is amended by adding the following definition:

“certificate of appointment of estate trustee” means letters probate, letters of administration or letters of administration with the will annexed, and includes a small estate certificate or amended small estate certificate (74.13, 74.13.1, 74.20, 74.20.3, 74.23, 74.23.1, 74.26, 74.31, 74.1C or 74.1F); (“certificat de nomination à titre de fiduciaire de la succession”)

(2) The definition of “judge” in subrule 1.03 (1) of the Regulation is amended by adding “but does not include an associate judge” at the end.

(3) The English version of the definition of “originating process” in subrule 1.03 (1) of the Regulation is amended by striking out “whose issuing commences” in the portion before clause (a) and substituting “that commences”.

(4) Clause (d) of the definition of “originating process” in subrule 1.03 (1) of the Regulation is revoked and the following substituted:

(d)�� an application for a certificate of appointment of estate trustee, a small estate certificate or an amended small estate certificate,

(5) Subrule 1.03 (1) of the Regulation is amended by adding the following definition:

“will” includes any testamentary instrument of which probate or administration may be granted. (“testament”)

2. Subrule 14.01 (2.1) of the Regulation is amended by striking out “or 74.1” and substituting “or for a small estate certificate or amended small estate certificate under Rule 74.1”.

3. Subrule 14.05 (1) of the Regulation is revoked and the following substituted:

APPLICATIONS — BY NOTICE OF APPLICATION Or Application for Certificate

(1) The originating process for the commencement of an application is, as applicable,

(a)�� a notice of application (Form 14E, 14E.1, 68A or 73A); or

(b)�� an application for a certificate of appointment of estate trustee (Form 74.4, 74.4.1, 74.5, 74.5.1, 74.14, 74.15, 74.21, 74.24, 74.27 or 74.30), small estate certificate (Form 74.1A) or amended small estate certificate (Form 74.1E).

4. Rules 37.10.1 and 38.09.1 of the Regulation are amended by striking out “by fax, or” wherever it appears.

5. Clause 62.01 (1) (a) of the Regulation is amended by striking out “of a case management master, under” and substituting “referred to in”.

6. The definitions of “certificate of appointment of estate trustee” and “will” in rule 74.01 of the Regulation are revoked.

7. Clause 74.18 (1) (b) of the Regulation is amended by striking out “certificate of appointment of the applicant as estate trustee” and substituting “certificate of appointment of estate trustee”.

8. Rule 74.1.01 of the Regulation is amended by striking out “and in Rules 75, 75.1 and 75.2” in the portion before the definition of “small estate”.

9. Rule 74.1.02 of the Regulation is revoked and the following substituted:

Application of Rule

74.1.02 (1) In the case of an estate that is a small estate, a person may apply for a small estate certificate under this Rule, in which case this Rule applies instead of rules 74.04 to 74.10 and 74.14.

Continued Application of Rule 74

(2) For greater certainty, Rule 74, other than rules 74.04 to 74.10 and 74.14, continues to apply with respect to small estate certificates, amended small estate certificates and applications for either certificate.

10. Rule 75.01.1 of the Regulation is revoked.

11. Rule 75.04 of the Regulation is amended by striking out “certificate of appointment of the estate trustee” in the portion before clause (a) and substituting “certificate of appointment of estate trustee”.

12. Subclauses 75.1.02 (1) (b) (i) and (ii) of the Regulation are amended by striking out “including in respect of a small estate” wherever it appears.

13. Rule 75.2.01 of the Regulation is amended by striking out “including in respect of a small estate” at the end.

14. Clause 76.10 (5) (d) of the Regulation is amended by striking out “the pre-trial conference judge or case management master” and substituting “the pre-trial conference judge or associate judge”.

15. The Regulation is amended by striking out “case management master” and “a case management master”, as the case may be, wherever they appear and substituting in each case “associate judge” and “an associate judge” respectively.

16. The English version of the Regulation is amended by striking out “certificate of appointment of an estate trustee” wherever it appears and substituting in each case “certificate of appointment of estate trustee”.

17. The rows for Forms 53D, 56A, 64B, 64E, 64G, 64H, 64I, 64J, 64K, 64L, 64M, 65A, 66A and 76B in the Table of Forms to the Regulation is amended by striking out the date in the column titled “Date of Form” and substituting “April 1, 2021”.

Commencement

18. (1) Subject to subsections (2) and (3), this Regulation comes into force on the day it is filed.

(2) Section 4 comes into force on the later of July 1, 2021 and the day this Regulation is filed.

(3) Subsection 1 (2) and sections 5, 14, 15 and 17 come into force on the later of the day subsection 11 (1) of Schedule 3 to the Accelerating Access to Justice Act, 2021 comes into force and the day this Regulation is filed.

Made by:
Pris par��:

Civil Rules Committee:
Le Comité des règles en matière civile��:

Shannon Chace

Executive Legal Officer/Avocate Directrice
Secretary of the Civil Rules Committee/
Secrétaire du Comité des règles civiles
Court of Appeal for ��������

Date made: May 25, 2021
Pris le��: 25 mai 2021

I approve this Regulation.
J’approuve le présent règlement.

Le procureur général,

Doug Downey

Attorney General

Date approved: May 27, 2021
Approuvé le��: 27 mai 2021

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