Estates

Part 1: General Matters

B. Courts Digital Transformation: Ontario Courts Public Portal (for filing) & Case Center

1. The Courts Digital Transformation (CDT) initiative will launch its new digital justice solution for the Toronto region on October 14, 2025.
2. The Courts Digital Transformation (CDT) initiative is a digital justice solution that replaces existing non-integrated systems with an end to end solution that integrates the filing system, the case management system and Case Center. This digital solution will roll out in phases commencing with the Toronto Region, for all Family and Civil matters; including Bankruptcy, Commercial, contested Estates, the Small Claims Court, and Divisional Court.
3. Beginning on October 14, 2025, all electronic court filings for Toronto Family proceedings, Civil proceedings (including Bankruptcy, Commercial List and Contested Estates), Small Claims Court proceedings and Divisional Court proceedings and Enforcement must be submitted through the Ontario Courts Public Portal (OCPP) which replaces the Justice Services Online Portal.
4. OCPP is integrated with the new, internal case management platform. This internal platform, used by court staff to process filings, is now integrated with Case Center. This integration with Case Center will eliminate the need for parties and their representatives to upload already filed material into Case Center. Moving forward, new single upload of filed electronic documents for parties accepted for filing will be uploaded to Case Center by court staff for use before and during hearings.
5. All confirmation and scheduling forms are to be submitted through OCPP.
6. If an urgent hearing request is sought, the form must be submitted through OCPP and flagged as time sensitive, and parties must send an email to the appropriate trial coordination office alerting staff of the request. Select this option only if you are submitting documents for a hearing or deadline that is three or fewer business days away, including if you need to meet a timeline for a step in the proceeding established by legislation, court rules, court practice or a court order that is three business days or fewer away. This helps court staff identify and prioritize time-sensitive submissions. Documents submitted for a hearing or deadline that is four or more business days away are not considered time-sensitive.

Note:This option will be automatically selected if the filing has already been deemed time sensitive by the court.

7. Any document filed through the OCCP, which will be pushed to Case Center by court staff, shall not exceed 500 pages.
8. Parties must meet all filing deadlines set out in this practice direction to ensure that documents are available in Case Center in advance of the hearing. Parties should still review the hearing bundle in Case Center bundles 24 hours before the hearing to ensure that material that have been filed with the Court and are required for the hearing are present.
9. Some documents will continue to be uploaded into Case Center by the parties, such as compendiums and materials parties are proposing to be tendered as exhibits. Once a document has been uploaded into the appropriate section of the Case Center bundle for their appearance, the expectation is that document is before the Court. Parties must ensure they do not delete a document after they have uploaded it to Case Center. You can learn more about Case Center on the Court’s website here.
10. A new account will be required the first time OCPP is used. Please refer to section 1.2 of the OCCP User Guide guidance on how to create an account and other helpful information on how to navigate the OCCP which can be found here.
11. For questions or help with electronic filing using OCPP, including fee payment through the portal, counsel and parties can contact the Court Services Division’s Contact Centre for Online Services by telephone or email:

Ministry of Attorney General – Court Services Division Contact Centre:

• • CourtsPortal@ontario.ca
  • Tel: 647-438-0403
  • Toll-free: 1-800-980-4962
  • TTY: 416-368-4202
  • Toll-free TTY: 1-833-820-0714

Part 2: Estates Matters

F. Estates List Matters

The Estates List has been established for the hearing of proceedings in the Toronto Region involving matters of estate, trust, and capacity law. This Practice Direction governs the conduct of matters on the Estates List in Toronto, subject to the Rules of Civil Procedure (the “Rules”) and the Consolidated Civil Practice Direction.

F.1 The Estates Office

1. The Toronto Region Estates List is administered through the Estates Office, 9th floor, 330 University Avenue, Toronto, Ontario. The email address is Toronto.estates@ontario.ca and the telephone number is (416) 326-2940. All filings relating to Estates List matters are done through the Estates Office.

F.2 Principles Guiding the Estates List

2. The following principles shall guide all proceedings conducted on the Estates List:
   1. The time and expense devoted to a proceeding should be proportionate to what is at stake in the proceeding; and
   2. Co-operation, communication, civility, and common sense should prevail amongst all parties and counsel.

F.3 Matters Heard on the Estates List

3. The Estates List judges hear the following matters:

1. 1. all matters arising under Rules 74 and 75 of the Rules;
   2. applications under Rule 14.05 regarding estates, wills, and trusts, including applications for advice under section 60 of the Trustee Act;
   3. applications relating to inter vivos trusts, whether under Rule 14.05, the Variation of Trusts Act, or otherwise;
   4. proceedings involving the proof or validity of wills, including lost wills;
   5. proceedings concerning the administration of estates;
   6. summary procedures for claims against estates pursuant to the Estates Act, ss. 44 and 45;
   7. passing of accounts applications by estate trustees, trustees, or any other person acting in a fiduciary capacity, including guardians and those acting under powers of attorney;
   8. proceedings under the Succession Law Reform Act;
   9. proceedings under the Substitute Decisions Act, 1992, including proceedings under that Act involving guardianship and powers of attorney (See paragraph 31 and Part X below);
   10. applications for the appointment of a guardian of property of a child under s. 47 of the Children’s Law Reform Act, if brought in the Superior Court of Justice, other than applications arising out of personal injury actions (see paragraph 29 and Part X below);
   11. proceedings under the Declarations of Death Act, 2002, or theAbsentees Act;
   12. proceedings under the Charities Accounting Act, the Charitable Gifts Act, or the Religious Organizations’ Lands Act;
   13. applications for an extension of time to make an election under s. 6(1) of theFamily Law Actregarding the interest of a spouse under section 5(2) of that Act; and
   14. such other matters concerning estate, trust, or capacity law as a judge may direct be heard on the Estates List. In considering whether to make such a direction, the judge may take into account the current and expected volume of matters on the Estates List.

4. Where an estate trustee is either a plaintiff or a defendant in a civil action which does not specifically concern estate or trust law, or where an estate trustee becomes a party in such an action by virtue only of an order to continue under Rule 11.02, the action shall proceed as any other action and shall not be placed on the Estates List unless the court orders otherwise.
5. Transfers of Matters to the Estates List

4. 1. A matter that should have been commenced on the Estates List may be transferred to it by a judge who is hearing the matter, but who is not sitting on the Estates List.
   2. Matters may be transferred to the Estates List on consent, provided the matters fall within the categories outlined in Part III, subparagraphs 3(a) – (n), above, or on a motion to a judge sitting on the Estates List.

6. The place of commencement of a proceeding is governed by Rule 13.1.01. Requests to transfer matters commenced outside the Toronto Region to the Estates List are governed by Part I I.c. of the Consolidated Provincial Practice Direction.

F.4 Administrative Matters

A. Courtrooms, Virtual Hearings, and Gowning

7. Matters on the Estates List are usually heard at 330 University Avenue, Toronto, unless notice to the contrary is given. Short matters, which are uncontested or unopposed, including scheduling appointments, case conferences, and other matters scheduled for less than 90 minutes, will be conducted via Zoom videoconference. Matters scheduled for 90 minutes or more will proceed in person at 330 University Avenue, Toronto, unless the presiding judge rules otherwise.
8. Counsel shall gown for all hearings or attendances, except 9:30 a.m. scheduling appointments, pretrial conferences, case conferences, and judicial mediation.

B. Estates List Documents and Forms

9. Copies of forms specified by the Rules can be obtained from the Ontario Court Forms website. Counsel and parties using documents obtained from a website are reminded that the Rules require that all documents filed in a proceeding must use characters of at least 12 point, or 10 pitch, size; as a result, some conversion of the font size of web-sourced documents may be required.

F.5 Scheduling Matters on the Estates List

A. The Daily 9:30 a.m. Scheduling Appointments and Hearings

10. The daily list of matters heard by a judge sitting on the Estates List consists of two parts: (i) the hearing of 9:30 a.m. scheduling appointments of 15 minutes each, immediately followed by (ii) the hearing of contested or unopposed matters. 9:30 a.m. scheduling appointments take place, virtually, in chambers and deal with scheduling, unopposed adjournments, and matters on consent. Counsel are not required to gown. Contested and unopposed matters, such as actions, applications, and motions (that cannot be made in writing) are conducted in open court commencing at 10:00 a.m.
11. Booking dates for a 9:30 a.m. scheduling appointment or another proceeding can be done in the following ways:
    • For 9:30 a.m. scheduling appointments: by accessing https://calendly.com/toronto-estates. Through this link, parties can view the court’s availability directly and request an appearance. All parties must make best efforts to consent to a date prior to completing the Calendly request. Once a date and time have been selected, only ONE party in the action is required to follow the prompts and complete the Calendly process. Upon completing the Calendly process, the requestor will receive an automated email confirming their request and outlining next steps to secure the date. It is the responsibility of the requestor to forward all automated confirmation and scheduling emails related to the Calendly-scheduled event to other parties in the action.
    • For hearings andall other proceedings: by completing the Request Form and submitting it to the Ontario Courts Public Portal.
    • For urgent requests, parties must also email estateslist@ontario.ca to advise that an urgent request has been submitted through the portal.

12. 9:30 a.m. scheduling appointments will be booked for no more than 15 minutes for each matter booked and must be booked at least two days in advance. Any material required for a 9:30 a.m. scheduling appointment should be filed no later than 12 noon the day before the scheduling appointment.
13. If a party who has received notice fails to appear at a 9:30 a.m. scheduling appointment, the court may set a timetable and hearing date for the matter in the party’s absence.
14. In order to ensure the most efficient use of court time and to enable contested matters to be heard at the earliest reasonable date, procedures for booking a hearing on the Estates List vary according to the type and length of proceeding as described below.

B. Passing of Accounts Applications

15. When initiating an application for a passing of accounts, the Notice of Application to Pass Accounts (Form 74.44) is to be filed with the court office through the Ontario Courts Public Portal or in person. The notice will be processed, and in the date field of the notice of application, the applicant must insert “to be fixed by the Trial Coordinator”. When filing an application to pass accounts through the online portal, the applicant must choose as the proceeding type either “new proceeding” or “existing proceeding”.
    • Select “existing proceeding” if you have a court file number for an estate litigation matter for the same estate (whether active or not), and no passing of accounts application has been previously filed in the matter. Enter the 14-digit court file number that was assigned to the estate litigation file when submitting the Notice of Application to Pass Accounts through the portal in the following format: CV-YY-0000XXXX-00ES. The court file number assigned to a probate application or certificate must notbe used.
    • For all other applications to pass accounts, select “new proceeding”. Each new passing of accounts application will be assigned a unique 14-digit court file number, which will be sent to the applicant by email.
16. Once the applicant receives confirmation that the application for a passing of accounts has been issued and receives a copy of the issued notice of application, the applicant must submit a Request Form using the Ontario Courts Public Portal to obtain a date for the hearing.
17. The applicant must serve the issued notice of application to pass accounts in accordance with Rule 74.18(3) and advise those persons who must be served on the application of the hearing date once it has been scheduled.
18. Responding material may be filed through the Ontario Courts Public Portal or in person. When using the online portal, respondents should select “existing proceeding” and then enter the 14-digit court file number shown on the application.
19. If a) no notice of objection is received; or b) if all notices of objection received are withdrawn within the prescribed time period, and no request for increased costs has been served and filed; or c) a request for increased costs has been served and filed, but there is no objection to it, the request has been consented to, or there is no response, then the applicant should vacate the hearing date. Upon filing the material required by Rule 74.18(9), the application may proceed as an unopposed application in writing to be read by a judge in chambers without the need for an in-person hearing, unless otherwise ordered by a judge.
20. The judge in chambers will determine the amount of the costs if a request for increased costs has been made, or the judge may schedule a date for a hearing on costs. A request for increased costs must be served on all parties affected, meaning on each person who has a contingent or vested interest in the estate, even if they have not filed a notice of objection. See Re Mitchell Estate, 2010 ONSC 1640.
21. If any notice of objection is received and not withdrawn, or if there is an objection to a request for increased costs, and the parties agree on the terms of an order giving directions (including a timetable for each pre-hearing step and a proposed new hearing date, if required), then the parties may obtain a consent order giving directions for the application at a 9:30 a.m. scheduling appointment. If a new hearing date is scheduled, the original hearing date must be vacated.
22. If any notice of objection is received and not withdrawn, or if there is an objection to a request for increased costs, and the parties cannot agree on an order for directions, the parties should file, at least two days in advance of the hearing date, copies of their respective draft orders giving directions, including a timetable for each pre-hearing step, and a proposed new hearing date. If the terms of an order giving directions can be set on the hearing date, the judge may issue an order giving directions, including a timetable for pre-hearing steps and a new hearing date. If more time is required to set the terms of an order giving directions, the judge may schedule a date for the hearing of a contested motion for directions, or a case conference to set the terms of the order.
23. Draft orders giving directions should address the items described in paragraph 47 below.

C. Applications Involving Wills Where an Order Giving Directions is Required

24. Where a notice of objection to the issuance of a certificate of appointment of estate trustee has been filed, and an application for directions is required, the applicant, or other person applying for directions, should book an initial 9:30 a.m. scheduling appointment for the initial return date for the application.
25. If, prior to their attendance at the 9:30 a.m. scheduling appointment, the parties can agree on the terms of a consent order giving directions, including a timetable for each pre-hearing step, the judge at the 9:30 a.m. scheduling appointment may issue a consent order giving directions.
26. If the parties cannot agree on the terms of a consent order giving directions prior to the 9:30 a.m. scheduling appointment, the parties should file, at least two days in advance of the 9:30 a.m. scheduling appointment, copies of their respective draft orders giving directions, including a timetable for each pre-hearing step. If the dispute about directions can be resolved during the 9:30 a.m. scheduling appointment, the judge may issue the order giving directions, including a timetable for pre-hearing steps. If more time is required to set the terms of an order giving directions than a 9:30 a.m. scheduling appointment allows, the judge may schedule a date for the hearing of a contested motion for directions, or a case conference to set the terms of the order.

D. Guardianship Applications

27. Part III of the Substitute Decisions Act, 1992 sets out the procedure and filing requirements for an application to appoint one or more guardians of an incapable adult. Part III of the Children’s Law Reform Actsets out the procedure and filing requirements for an application to appoint one or more guardians of a minor. In addition, the general requirements of Rule 38 governing applications apply to applications to appoint guardians.
28. Subject to paragraph 31 below, an application for the appointment of a guardian under the Substitute Decisions Act, 1992 or the Children’s Law ReformAct should be commenced by filing a notice of application using the Ontario Courts Public Portal or in person at the Toronto Estates Office counter. In the Estates List Confirmation Form, applicants should advise the court of the expected length of time required for the application to be heard, which should not be less than 30 minutes, and whether the application is opposed or unopposed.
29. If an individual is alleged to be incapable of managing property, and a claim for damages for personal injury is contemplated or a personal injury action has been commenced but not resolved, a guardianship application in respect of such individual may be brought on the Estates List.
30. Where an individual is a party under disability, and their personal injury action is settled at a pretrial or otherwise, and no guardian of property has been appointed, the guardianship application in respect of such individual, is to be brought on the Civil List and, where practicable, heard by the judge who approved the settlement under Rule 7.08 of the Rules. The guardianship application is to be filed using the Ontario Courts Public Portal or in person at the Toronto Civil Office counter. The notice of application for the guardianship must identify the judge who approved the Rule 7 settlement.
31. Once a guardian of property or a guardian of personal care has been appointed, the guardian may seek advice and direction from a judge on the Estates List regarding the guardian’s duties and amendments to the guardian’s management plan or guardianship plan. A guardian’s application to pass accounts should be brought on the Estates List.
32. Guardianship applications on the Estates List are scheduled for 10:00 a.m. or later and are not heard in writing. Counsel must ensure that a screening letter from the Public Guardian and Trustee and a current management plan or guardianship plan, or both, are available for the hearing.

E. Any Other Type of Application or Motion

Matters that will require less than one hour to address the merits

33. For unopposed or uncontested matters heard on the Estates List, where the applicant or moving party realistically estimates that the time required for argument by all parties will take less than one hour, an appointment may be booked through the Estates Office, for a hearing of up to one hour by submitting a completed Request Form to the Ontario Courts Public Portal.

Matters that will require one hour or more to address the merits

34. For contested matters, and unopposed or uncontested matters requiring an hour or more to address the merits, the applicant or moving party, on notice to all other parties, shall request a 9:30 a.m. scheduling appointment for the court to set a timetable for pre-hearing steps and a hearing date for the application or motion by accessing https://calendly.com/toronto-estates to view the court’s availability and request an appointment. The applicant is expected to make best efforts to obtain the other parties’ consent to a date prior to completing the Calendly request. Upon completion of the Calendly process, the applicant will receive an email outlining next steps to secure the appointment. Counsel are expected to file a brief aide-memoire describing the issues and explaining why more than one hour is required to address the merits.

F. Matters that May be Dealt with at a Case Conference

35. Apart from the matters described above, there may be other matters that arise during the course of a proceeding in respect of which the parties may wish to book a case conference to obtain the assistance of the court on procedural matters, such as setting timetables for further steps in the proceeding, including steps required to ready the matter for trial. On notice to the other interested parties, a case conference may be booked by submitting a completed Request Form to the Ontario Courts Public Portal.
36. At least two days in advance of the case conference, counsel are expected to file a two-page brief setting out the issues, possible terms of settlement, and the remaining matters in dispute. Where appropriate, draft orders or offers to settle may be included.

G. Adjournments

General Principles

37. Parties are expected to be ready to proceed with the matter for which the hearing date was agreed to or set by the court. Adjournments of previously scheduled matters will only be granted in exceptional circumstances and for a compelling reason. Prior to a hearing, the parties are expected to have conscientiously attempted to resolve most adjournments in a way which minimizes inconvenience for the parties.
38. Parties are expected to retain counsel promptly. A request for an adjournment because a party has not retained counsel promptly or because new counsel has been retained just prior to the hearing shall be dealt with accordingly.

Where the hearing date was set at a 9:30 a.m. scheduling appointment

39. Requests for adjournments of hearing dates that were set at a 9:30 a.m. scheduling appointment should occur infrequently since the reasonableness of the hearing date would have been canvassed at that scheduling appointment. Any such request for an adjournment, even on consent, should be made at a further 9:30 a.m. scheduling appointment so that the court can be satisfied that the matter has reached a stage of readiness, which would justify assigning a new hearing date. If the matter is not ready for a hearing, it may be removed from the hearing list, leaving it to the parties to reapply subsequently at a 9:30 a.m. scheduling appointment for a new hearing date once the matter is ready to be heard.

Where the hearing date was not set at a 9:30 a.m. scheduling appointment

40. Where the hearing date for a matter was not set at a 9:30 a.m. scheduling appointment, a first consent adjournment of the hearing of the matter may be obtained through the Estates Office.
41. If the parties wish to seek a second consent adjournment in the matter, they should adjourn the hearing of the matter, in advance of the scheduled hearing date, to a 9:30 a.m. scheduling appointment. If the request for a second adjournment is not made until the appearance before the judge scheduled to hear the matter, that judge may direct the matter to be adjourned to a 9:30 a.m. scheduling appointment before it proceeds further. On the return of the matter at a 9:30 a.m. scheduling appointment, the court may determine whether the matter is ready for a hearing, or it should be removed from the hearing list, leaving it to the parties to reattend at a 9:30 a.m. scheduling appointment to obtain a new hearing date once the matter is ready to be heard.

F.6 Contested Matters

A. Confirmation of Applications and Motions

42. Parties must confirm the hearing of a contested application or motion at least five days in advance of the hearing date (excluding weekends and holidays) by completing the Confirmation Form and submitting it to the Ontario Courts Public Portal. Parties will receive an email from Case Center with a link to the matter. Parties must upload their documents to Case Center at least three days in advance of the hearing. For matters being heard virtually, Zoom videoconference coordinates will be added to Case Center two to three days in advance of the hearing.

B. Urgent Applications or Motions

43. A party seeking an urgent hearing must complete an Urgent Hearing Request form and submit it using the Ontario Courts Public Portal and flag that it is time sensitive. A copy of the proposed notice of application or notice of motion must submitted together with the request form. In the form, the party will describe the nature of the matter, the reason for the urgency, the time required for the matter to be heard, and details of any scheduling matters agreed to by the parties or affecting the parties. A copy of the proposed notice of application or notice of motion must be attached to the form.
44. Requests for the hearing of urgent applications or motions will be considered or heard on an “as required” basis, by the Team Lead Judge or their designate. The Estates Office will notify the parties of the time and location for the hearing of the urgent request, if approved for a hearing.

C. Orders Giving Directions – General

45. Orders giving directions in contested matters are designed to provide the parties with a procedural framework in which to prepare the proceeding for final adjudication. Rule 75.06 provides the court with considerable discretion and flexibility to put in place a process that will ensure the just, expeditious, and least expensive determination of a proceeding on its merits. Parties are expected to take time and care in preparing proposed orders giving directions for consideration by the court.
46. If the parties cannot agree upon an order giving directions before or at a 9:30 a.m. scheduling appointment, and a contested motion for directions is required, each party must file with its motion material a copy of the draft order giving directions that it is seeking.
47. Draft orders giving directions should address, where applicable, the following matters:
    1. the issues to be decided;
    2. a description of the parties – e.g., who is propounding the will(s), who is challenging the will(s), and who is submitting rights to the court;
    3. whether there is any party under disability who requires representation, and if so, whether notice to the Public Guardian and Trustee or the Children’s Lawyer should be directed;
    4. whether an estate trustee during litigation should be appointed, and the amount of security, if any, such an estate trustee should post;
    5. the persons to be served with the order for directions, and the method of and time for service;
    6. whether the parties should exchange pleadings or put before the court their respective positions and the material facts upon which they rely through another means;
    7. procedures for bringing the matter before the court in a summary way;
    8. the timing and conduct of a mediation session under Rule 75.1, including (i) whether the mediator should provide any report to the court on procedural issues, (ii) the desirability of multiple mediation sessions, and (iii) when a pretrial conference or case conference should be held if the mediation session does not result in a settlement of the proceeding;
    9. any other prehearing steps to be undertaken, including documentary disclosure, obtaining medical, accounting, financial or legal records, examinations for discovery, and the availability of a motion for summary judgment;
    10. the timing for the delivery of any expert report and the utility of a prehearing meeting between experts to narrow the issues in dispute;
    11. the timing of a pretrial conference, including how long after an unsuccessful mediation session the pretrial conference should be held; and
    12. the procedure to be followed at the hearing, including the method of adducing evidence-in-chief.

D. Orders Giving Directions – Contested Passing of Accounts

48. Where a hearing will be held on a passing of accounts, orders giving directions proposed by the parties should address the following issues, where applicable:
    1. the timing and conduct of a mediation session;
    2. the issues to be tried and each party’s position on each issue;
    3. the timing and scope of relevant disclosure;
    4. the witnesses each party intends to call, the issues each witness intends to address, and the anticipated length of each witness’s testimony (examination-in-chief and cross-examination); and
    5. the procedure to be followed at the hearing, including the method of adducing evidence-in-chief.

E. Draft and Model Orders

49. The preparation of draft orders for consideration by the court at the end of a hearing will expedite the issuance of orders. Where relevant, model orders and forms, approved by the Estates List Users’ Committee, may be relied on, and a copy of the draft order blacklined to the model order, indicating all variations to the model order should be filed.

F. Applications Under Part V of the Succession Law Reform Act

50. In an application for dependant’s support under Part V of the Succession Law Reform Act, a court must consider the dependant’s circumstances, including the dependant’s current assets and means, the assets and means that the dependant is likely to have in the future, and the dependant’s needs in light of the dependant’s accustomed standard of living. Although the Rules do not prescribe the manner by which an applicant should place before the court evidence on these matters, applicants are encouraged to include in their application material comprehensive listings of the dependant’s assets and liabilities, as well as information about the dependant’s income and expenses.

G. Family Law Act Elections

51. An application for the extension of time to make an election under s. 6(1) of the Family Law Act regarding the interest of a spouse under section 5(2) of that Act should be brought on the Estates List.

H. Mandatory Mediation – Rule 75.1

52. Rule 75.1.02(1) stipulates that mandatory mediation applies to the following proceedings:
    1. contested applications to pass accounts;
    2. formal proof of testamentary instruments;
    3. objections to the issuance of a certificate of appointment of estate trustee;
    4. the return of a certificate of appointment of estate trustee;
    5. claims against an estate;
    6. proceedings under Part V of the Succession Law Reform Act;
    7. proceedings under the Substitute Decisions Act, 1992;
    8. proceedings under the Absentees Act, the Charities Accounting Act,the Estates Act, the Trustee Act, or the Variation of Trusts Act;
    9. applications under Rule 14.05(3), whether the matters at issue relate to an estate or trust; and
    10. proceedings under s. 5(2) of the Family Law Act.
53. In a matter involving a contested passing of accounts, parties should be prepared to deal with the issue of directions for mandatory mediation on the initial return date specified in the notice of application.
54. In all other matters, motions for directions for the conduct of a mandatory mediation session, normally, should form part of, or be combined with, a motion for directions under Rule 75.06. Mediation orders on which there is consent may be obtained at a 9:30 a.m. scheduling appointment.
55. In addition to addressing the matters set out in Rule 75.1.05(4), an order giving directions for mediation should, where appropriate, address any further direction the parties require in advance of the mediation session in order to ensure a productive mediation session.

I. Pretrial Conference and Trial Dates

56. Pretrial conferences must be held in all matters proceeding to trial on the Estates List. Dates for pretrial conferences and trials must be obtained from the Team Lead Judge or their designate at the time the proceeding is set down for trial.
57. If the parties seek to extend the time allotted for the pretrial settlement conference, they may book a 9:30 a.m. scheduling appointment to seek a date for a longer pretrial conference.
58. At least five days prior to the date of a pretrial conference, each party must serve and file with the Estates Office an Estates List Pretrial Conference Form.

F.7 Material for the Court’s Use

A. General Requirements

59. The moving party must file all material at least seven days before the hearing. The responding party must file all material at least four days before the hearing. All material, indices, and footnotes, including motion and application records, compendia, facta, and briefs of authorities, must be hyperlinked.
60. Application/Motion Confirmation Forms must clearly specify the material that each party asks the court to read for use on the application/motion and specify the matters to be addressed.
61. Many proceedings on the Estates List involve multiple attendances before the court. Over time, the material can become voluminous. Parties are reminded that the Rules require that the application and motion records used at a hearing must contain all material that the parties intend to use on that particular hearing.
62. Parties are discouraged from relying on material used at previously disposed of hearings in a proceeding. If a party intends to do so, the party must ensure that the relevant material has been filed in advance of the hearing. It is the responsibility of the parties, not the Estates Office or the judge, to ensure that material from previously disposed of the hearings, including endorsements, are available for the current hearing.

B. Compendium of Documents

63. In appropriate cases, to supplement any required formal record, parties should consider preparing a compendium of the key documents to be referred to during oral argument (fair extracts of documents, transcripts, previous orders, authorities, etc.) to assist in focussing the case for the court. Relevant portions of the compendium should be highlighted or marked. The compendium should have an electronic index that is hyperlinked to pinpoint the page reference in the material that the court will be directed to in Case Center during the hearing. Parties are encouraged to confer and to prepare a joint compendium, if possible.
64. The court encourages the use of diagrams, family trees, lists of persons involved, corporate organization charts, point-form chronologies, and other synopses of complex or technical evidence.

C. Factums, Short Statements of Issues, Aide-Memoires

65. For applications, the Rules require that each party file a factum for use at the hearing. Unless leave is obtained to file a longer factum, the factum must not exceed 25 double-spaced pages. Reply factums, where permitted, should not exceed five pages and must be restricted to new matters not previously addressed in the factum.
66. Under the Rules, factums are not mandatory on the hearing of a motion; however, parties are reminded that factums are of great assistance to the court where the motion is contested or where an understanding of a significant volume of material will be required in order for the court to rule on an unopposed matter. In appropriate cases, filing an aide-memoire, a short or point-form statement of issues, facts and/or law may assist the court in better understanding the issues on the motion. An aide-memoire should not exceed five pages. An aide-memoire is not evidence.

D. Sealing Orders

67. Where the relief sought on the motion or application includes a sealing or non-publication order, public, redacted motion or application material shall be delivered in the usual manner. Confidential appendices, or the material in respect of which a sealing order is sought, shall be provided to the judge hearing the motion or application through the Estates List Office by way of email, or upon the court’s direction. Such material shall not be filed with the Estates List Office or uploaded to Case Center unless and until so directed by the judge hearing the matter.
68. Sealing orders will only be granted if the presiding judge is satisfied that it is appropriate to do so having regard to the applicable test. See also the Superior Court of Justice’s policy regarding requests for publication bans as set out in Section H of Part VI of the court’s Consolidated Provincial Civil Practice Direction. According to the Provincial Civil Practice Direction, any person seeking a discretionary publication ban in a proceeding before the Superior Court of Justice must (i) serve and file a formal notice of application/motion, and (ii) provide notice to the media using the publication ban notification system established by the court. See: Publication Ban Requests in the Superior Court of Justice.
69. Typically, an Estates List judge who grants a sealing order will require as a term of that order that counsel provide a hard copy of the sealed material to the Estates List Office in a sealed envelope marked: “Confidential: not to form part of the public record subject to further order of this court”.

E. Evidence at Trial

70. In appropriate circumstances, the court permits the use of sworn witness statements at trial in substitution for the examination-in-chief of witnesses, in whole or in part. Where sworn witness statements will be used, they must be exchanged with all other parties and counsel well in advance of the hearing. Unless a prior order is made, the witnesses should be available for cross-examination at the trial.

F.8 Matters Without a Hearing

71. Judges on the Estates List deal with a variety of applications and motions without a hearing. The most common applications involve requests to dispense with administration bonds and unopposed applications to pass of accounts. It is important that a party filing an ex parte application or motion in writing ensure that the record filed contains all the information and evidence required by statute, the Rules, any relevant orders made in the matter, as well as clear and comprehensive sworn evidence in support of the relief requested.
72. The filing requirements for requests to dispense with administration bonds are set out in Re Henderson Estate, 2008 CanLII 69136 (ONSC) and the Rules.
73. Two copies of the draft order sought must be filed with the ex parte application material.

F.9 Costs

74. Parties are reminded that the traditional practice of awarding costs in estate litigation to all parties out of the estate has been tempered by jurisprudence relating to the conduct of parties and their relative success in the litigation. Parties are expected to be aware of this jurisprudence and to be prepared to make submissions with respect to its application in particular cases.
75. For motions and applications, parties must file a costs outline through Ontario Courts’ Public Portal in advance of the hearing, deliver a copy to opposing counsel, and be prepared to address costs at the conclusion of the hearing.

F.10 Settlements Affecting Parties under a Disability

76. The partial or full settlement of a claim made by or against a person under disability requires the approval of a judge under Rule 7.08. Often the implementation of such a settlement will require the appointment of a guardian of property under Parts I and III of the Substitute Decisions Act, 1992or section 47 of the Children’s Law Reform Act. See Part V, section D, above.

A. Settlement of Estates List Proceedings

77. Where the settlement of a proceeding on the Estates List requires court approval, the motion for approval of the settlement and the application for the appointment of a guardian of property should be brought before a judge on the Estates List.

B. Settlements of Other Civil Proceedings

78. Where the settlement of any other civil proceeding (e.g., personal injury actions) will require the appointment of a guardian of property for a person under disability, the application for the appointment of a guardian must be brought on the Civil List. However, where the settlement occurs during the trial or pretrial conference of a civil matter, the trial or pretrial judge may deal with the application to appoint a guardian of property where the circumstances make it more practical to do so. See Part V, section D, above.
79. Where the settlement involves a person under disability, in most circumstances, the application to appoint a guardian of property should be brought on the Civil List prior to the filing of a motion for approval of the settlement so that an authorized person has been appointed to receive any settlement funds on behalf of the party under disability prior to the approval of the settlement.