Aug 26, 2025
I will never forget the first time I received a judge’s Endorsement. We had won our case, putting an end to months of protracted litigation. I remember poring over the judge’s reasons, carefully reviewing the analysis and spotting all of the cases taken from our factum. After the excitement subsided, one of my colleagues pointed out something I had no idea was required: we now needed to convert the judge’s reasons into an issued Order. Even though the judge’s decision was immediately effective, the precise terms of that decision needed to be set out in a signed Order, approved by the parties as to form and content and issued and entered by the Court registrar.
But what happens if the parties cannot agree on the form and content of the draft Order? What if there are disagreements about what the judge intended to order in his or her reasons?
Thankfully, Rule 59.04(9) of the Rules of Civil Procedure provides a clear mechanism for settling an Order where the parties remain at a deadlock. Rule 59.04(9) states that
[i]f an objection is taken to the proposed form of the order in the course of its settlement before a registrar, the registrar shall settle the order in the form the registrar considers proper and the objecting party may obtain an appointment with the person who made the order to settle the part of the order to which objection has been taken, in which case the objecting party shall serve notice of the appointment (Form 59D) on all other parties who participated in the hearing or conference and file it, with proof of service, at least seven days before the appointment date.[1]
In other words, if the parties cannot agree on the form of the Order, any party can serve a “Notice of Appointment to Settle Order” (Form 59D) to attend before the judge who made the Order to settle its terms. Similar to a Notice of Motion, a Notice of Appointment requires the objecting party to set out the purpose of the appointment, the grounds for the relief being sought, and the documentary evidence to be relied on at the appointment. Best practice is to include all relevant materials that the judge will need to settle the Order, including the underlying Endorsement, the originating process or motion, the form of the draft Order proposed by the objecting party, and the draft proposed by the responding party or already settled by the registrar.
If the Order was made by a court consisting of more than one judge, the appointment will be before the judge who presided at the hearing or, where unavailable, any other judge who participated in the hearing.[2] Should the judge cease to hold office or become incapable after making the order but before it is signed, any other judge may settle and sign it.[3]
It should be noted that settling an order is not a mere formality. For example, if the Order contemplates the payment of money into or out of Court, a judge’s Endorsement will not be sufficient to effect payment.[4] Moreover, a party wishing to appeal a court’s decision will not be able to perfect their appeal without first getting an issued order. The Court of Appeal recently confirmed that an appeal always lies from the court’s order, not its reasons.[5] It is the appealing party’s obligation to take all necessary steps to perfect their appeal, including drafting the order and, failing agreement of the parties, seeking an attendance to settle it.[6]
[1] Rules of Civil Procedure, RRO 1990, Reg 194, Rule 59.04(9).
[2] Ibid, r 59.04(10).
[3] Ibid, r 59.04(14).
[4] Ibid, rr 72.02(2); 72.03(2).
[5] Toronto Standard Condominium Corporation No. 2931 v Tsatskin, 2025 ONCA 323 (CanLII) at para 6.
[6] Ibid at para 7.
Adam Giancola
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Aug 21, 2025
If you had kids, wouldn’t you make sure they were taken care of if something were to happen to you? Of course. So why aren’t we doing the same for our furry friends?
I’ve worked in Estates for 5 years and have been an animal lover for 28. I’ve seen a lot of Wills, however, I’ve noticed that none of them specify what would happen to their pets if they were to pass.
Now I know what you are thinking, not everyone likes these messy, smelly, hairy, EXPENSIVE (but adorable) animals, but did you know that 60% of Canadian households own at least one pet? By my calculations, that means I should have come across at least a handful of Wills that mentioned their fur babies.
I suspect that people don’t include their pets in their Wills because they either don’t know you can, or they assume a loved one will automatically care for them. Whether it be because they couldn’t imagine giving the animal away or because it may be the last living thing tied to your deceased loved one. However, that’s not realistic to assume nor expect, because animals are a big responsibility.
Now, who is “qualified” to take on the responsibility of being a fur parent?
- Consider their lifestyle. Do they have enough space/room? Are they renting or owning their home? Are they physically fit/capable of giving the animal the care it needs? Does anyone in the household have pet allergies?
- Consider the time commitment. What is their work schedule? Do they have any upcoming travel plans? If they have any kids already, are the kids ready to interact safely with a pet (and is the pet able to interact safely with children?) Are they planning to start a family soon?
- Consider the financial responsibility. Can they afford the ongoing costs and unexpected expenses?
The list goes on.
Please make sure you consider these questions when you are drafting your Will and planning to include your pets. If you have a specific person in mind, ask yourself the above questions, and once you think you have a suitable person, have a conversation with them and make sure they’re agreeable to taking on the responsibility. And it never hurts to have a backup – just in case!
The reality is, if you don’t properly consider the future care of your fur baby, they can end up in a shelter. Shelters are extremely overcrowded and underfunded, and with the cost of living getting more and more expensive, people can hardly afford kids, let alone animals. While children are almost always accounted for in the case that their parents pass, pets are not, and there aren’t the same securities and care put in place to keep them homed, fed, and cared for. Abandoned pets are often (and sadly) euthanized.
It’s important we also don’t forget the furry friends that have already passed and live on a shelf in your loved one’s home. Don’t let them end up in the trash or on a new shelf in a Value Village or Good Will.
Now, here is where I say something crazy, stay with me. I don’t have kids. My dogs are my kids and that is crazy to some people because animals don’t share the same DNA. But real animal lovers will get it.
Introducing the Casey & Moss LLP furry friends. The emotional support behind our toughest days.
Samantha’s dogs: Rusty and Phoebe
Hannah’s family dogs: Bubba, Andy and Kevin
Hannah’s family cat: Bucky
Hannah’s cats: Glep and Coraline
Colleen’s dog: George
Diana’s cat: Ollie
Jenny’s dog: Kaycie
Angelique’s cat: Ginger
Rebecca’s cat: Chester
Jennifer’s cat: Molson
Angela’s dog: Zoey
If you’ve stayed this long, and have a pet, give them a cuddle for me! <3
Samantha Valvona
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Jun 18, 2025
I work all night, I work all day, to pay the bills I have to pay
Ain’t it sad?
And still there never seems to be a single penny left for me
That’s too bad…
My colleague Rebecca Suggitt previously blogged about the importance of keeping proper accounts as an attorney or guardian of property. One of the reasons she gave was that a guardian or attorney’s compensation is tied directly to the receipts and disbursements person under guardianship or attorneyship (who will be referred to as the “incapable person”).
Generally, the rule that applies to a guardian or attorney’s compensation is a charge of 3% on all receipts and disbursements in the guardianship or attorneyship accounts, per the regulations under the Substitute Decisions Act, 1992. (For simplicity, I will use the term “fiduciary” to mean “guardian” or “attorney” for the remainder of this blog, but be aware that “fiduciary” is a broader term that is not limited to guardians or attorneys.)
The broad purpose of this 3% charge is to compensate fiduciaries for the work they do to manage the incapable person’s assets, such as paying their bills, purchasing necessities and personal items, and collecting and managing money from their sources of income.
However, like many legal principles, there are exceptions to this general rule. There are certain receipts and disbursements that the 3% charge should not be applied to. Below are a few commonly seen non-compensable transactions:
Transfers Between Accounts
People often own more than one bank or investment account. The fiduciary may need to move money from the savings to chequing account to pay the incapable person’s monthly bills, or decide to invest the excess funds in chequing account by moving it into an investment vehicle. These transfers will appear in the accounting as a disbursement (when the money leaves the original account) and a corresponding receipt (when the money is deposited into the second account). But, because the money is not leaving the guardianship/attorneyship to pay a third party, nor is new money coming in, these are not compensable transactions. They should be recorded in the accounting bookkeeping or “memo” transactions only.
Refunds
The accounts will reflect refunds, for instance, when items are returned to a store and a credit is issued back to the incapable person. The refunded money will appear in the accounting as a receipt. Since these receipts are not deposits of new money or income, they are not compensable transactions.
Capital Losses
Capital losses occur when an asset is sold for less than its adjusted cost base. The fiduciary may need to liquidate stocks, investments, or other assets because the incapable person needs cash to pay for their expenses. Capital losses appear in the accounting as disbursements. However, they are not true disbursements because no money leaves the guardianship or attorneyship to pay for a good or service. As such, they are non-compensable.
Compensation Paid to the Fiduciary
Fiduciaries are permitted to pay themselves compensation on a monthly, quarterly, or annual basis, pursuant to the Substitute Decisions Act, 1992. If so, the accounts will reflect compensation payments to the fiduciary throughout the period of accounting. As it would be duplicative for the fiduciary to pay themselves for paying themselves, these transactions are non-compensable.
How to Reflect Non-Compensable Transactions in the Calculation for Compensation
The value of these identified non-compensable transactions should be deducted from the value of total receipts and disbursements during the accounting period. After making all deductions, apply the 3% to the net receipts and disbursements to calculate the compensation.
Zara Wong
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
May 29, 2025
When it comes to scheduling a date with the courts and subsequently serving and filing materials, you must first consult your region’s Practice Directions. These handy guides provide detailed steps to ensure your date is secured and your materials are provided to opposing counsel and your presiding Judge.
The Superior Court of Justice is divided into eight different regions, each with their own Practice Direction:
- Central East: Barrie/Bracebridge, Newmarket, Oshawa, and Peterborough/Cobourg/Lindsay,
- Central South: Hamilton, Kitchener, St. Catherines, Welland, Brantford, Simcoe, and Cayuga
- Central West: Brampton, Orangeville, Guelph, Milton, and Owen Sound/Walkerton,
- East: Ottawa, Kingston, Belleville, Brockville, Cornwall, L’Orignal, Napanee, Pembroke, Perth, and Picton
- Northeast: Sudbury, Cochrane/Timmins, Gore Bay, Haileybury, North Bay, Parry Sound, and Sault Ste. Marie
- Northwest: Thunder Bay, Kenora, and Fort Frances
- Southwest: Chatham/Kent, Goderich/Huron, London/Middlesex, Sarnia/Lambton, St. Thomas/Elgin, Stratford/ Perth, Windsor/Essex, and Woodstock/Oxford
- Toronto: This region of the Superior Court of Justice includes the Estates List, Civil List, and Family List. Importantly, each of these lists have their own practice direction.
Practice Directions provide an up-to-date overview of the court’s scheduling, filing and administrative procedures. Importantly, these directions are separated by the subject of the matter, such as civil law, family law, and criminal law.
While each court will have varying directions, there are some consistencies across the regions, such as:
If you find that a region’s Practice Direction does not adequately address your questions, you can do the following:
- Consult the consolidated Provincial Practice Directions
- Contact the court’s administration and ask them to clarify their scheduling and filing procedures
- Review the Rules of Civil Procedure
*(When in doubt, it is always best practice to review the Rules. They govern the entire Superior Court of Justice and are the basis of all region’s court procedures.)
Remember to always read the most recent iteration of a region’s Practice Directions and Notices to the Profession. These guides are often amended to reflect updates to court’s scheduling and filing procedures.
Hannah Henley
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
May 12, 2025
In today’s financial and legal world, wire transfers are a routine part of many transactions – whether it’s settlements, estate distributions, or real estate transactions. With the growing convenience of wire transfers, it is important to stay alert and informed about cybercrime and to take the necessary steps to protect your funds throughout the process.
Wire fraud usually happens when criminals impersonate a trusted person or organization, typically through email or other electronic means, to trick people into transferring funds to an unauthorized recipient. These scams often take the form of phishing emails that appear to come from someone to you know, like a lawyer or team member, asking about changes to bank details or requesting urgent action unexpectedly on a wire payment. As these scams become more sophisticated, it’s important to stay alert and carefully review any financial emails. Even if they seem convincing, taking a moment to verify can help protect you.
While cybercrime is a growing concern in many fields, there is good news: with the right systems, precautions, and habits in place, we can minimize the risks!
Steps We Take to Protect Your Transactions
Our firm takes a proactive stance on cybersecurity and fraud prevention. Below are key steps we take to help protect your transactions:
Verifying Wire Instructions
We will call you to confirm your wire details using a phone number we know and trust. We encourage you to do the same. If anything seems unusual, please contact us immediately.
Ongoing Education and Policies
Our staff and IT have regular discussions on best practices for cybersecurity and fraud prevention strategies. Additionally, we have internal policies in place to ensure we consistently take an active approach to keep your transactions running smoothly and securely.
Account Oversight and Monitoring
All transactions are carefully reviewed, and only authorized members can initiate or approve wire transfers. We also monitor accounts daily to identify any suspicious activity.
How You Can Help Protect Your Transactions
Here are a few simple recommendations to protect yourself:
- Be mindful of unexpected emails: If an email about a transaction feels unusually urgent or unexpected, take a moment to call us and confirm, and always double-check the sender’s information.
- Avoid clicking on unfamiliar links: If you are ever unsure about an email with a link, please reach out for confirmation.
- Take your time: Slow down and read through all emails carefully – especially ones that seem out of the ordinary.
- Use strong passwords: Protect your email account with a strong, unique password. If possible, activate two-factor authentication to provide additional security.
While cybercrime is an unfortunate reality of our modern age, taking thoughtful precautions and maintaining clear communication can make a meaningful difference in keeping your information and transactions safe. Casey & Moss is committed to protecting your interests every step of the way!
Emilia Szczepkowski
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
