Estate Planning

Barring Late Objections in Passings of Accounts

By Hull and Hull LLP

Rules 74.16 to 74.18 provide the framework for a passing of accounts application.  Rule 74.18(12) is a useful limitation clause that provides counsel with legal authority to attempt to bar new issues from being raised at the hearing:

"(12)  No objection shall be raised at the hearing that was not raised in a notice of objection to accounts, unless the court orders otherwise. "

This provision can be particularly useful in hearings where there are defined objections but the parties are simply going through the accounts, line by line.  It is an especially handy tool to assist the court as legal authority to stop the frivolous allegations or tangents that can side-track hearings. 

Of course, Rule 74.18(2) is subject to the discretion of the court, so the provision's usefulness is limited.  Every hearing is unique, but it is unlikely that a judge would apply this provision to a fresh objection that appeared to have merit, since ultimately it is the court that must be satisfied the accounts are valid. 

 Have a great day,

Christopher M.B. Graham – Click here to learn more about Chris Graham

Full post as published by Toronto Estate Law Blog on April 14, 2010 (boomark / email).