Estate Planning

COMING SOON TO AN ORDER GIVING DIRECTIONS NEAR YOU

By Hull & Hull LLP

While I was in Court in Toronto on Friday, Mr. Justice Brown advised the court room in general that with respect to most Orders Giving Directions granted by him (and possibly other judges on the Estates List), the Order Giving Directions will include a Schedule that provides that the Applicant is to file with the Estates Office a tabbed, three ring, red 1” binder labelled “Endorsements/Orders Brief”, which is to be maintained as part of the record of the proceeding. Within five days after the making of any endorsement or Order in the proceeding, the Applicant is to file a copy of such endorsement or Order in the next available tab in the Brief.

Mr. Justice Brown observed that the purpose of such a Brief is to allow the presiding Judge on any subsequent hearing date to quickly determine the history of the proceeding, and all judicial determinations made to date.

The Schedule also provides that Factums are to be filed on all subsequent motions.

The utility of such a Brief and the requirement to file a Factum appears obvious. The requirements to create the Brief and to file a Factum will clearly assist the Court in determining the history of the proceeding, and allowing for the prompt and efficient determination of the matter before it.

Thank you for reading.

Paul Trudelle

Full post as published by Toronto Estate Law Blog on September 23, 2008 (boomark / email).