Estate Planning

Latest Pronouncement on Requests for Increased Costs on Applications to Pass Accounts

By Hull and Hull LLP

In Re Estate of John Mitchell, the Endorsement of The Honourable Justice Brown clarifies expectations of the court in respect of requests for increased costs on unopposed applications to pass accounts, as the Rules of Civil Procedure contain some ambiguity in this regard.

His Honour notes that Rule 74.18 specifies the materials that must be filed initially on an application to pass accounts and where the application will be unopposed and proceed without a hearing. 

However, the Rule does not expressly stipulate the materials that should be filed where the application will proceed unopposed, but with a request for increased costs so that a hearing must be held. His Honour states that the applicant should ensure that the following materials are filed with the court in such situations:      

...                    proper initial application materials: Rule 74.18(1);

...                    a supplementary application record containing materials specified by Rule 74.18(9);

...                    additional evidence (a simple affidavit) that contains:

...                    the request for increased costs in proper form;

...                    proof of service of the request on all affected parties;

...                    a statement explaining the responses of affected parties to the request; and

...                    the details of and the reasons for the request, either through a detailed bill of costs or an easily understandable copy of the relevant dockets.

His Honour also stresses the importance of this last requirement, as a court cannot conduct a review of the request to ensure it is fair and reasonable without evidence describing the work performed, the time spent, the value of the work or the cost of such work.  Adequate evidence is essential.

Have a good day,

Natalia Angelini

Full post as published by Toronto Estate Law Blog on April 05, 2010 (boomark / email).