Court Reform by Stealth?

For those of you who have colleagues who do any estate or trust litigation in Toronto, the estate court has essentially been merged with the commercial list effective November 18. Unfortunately, no formal communication about this has been made and it does not appear that any such communication will be forthcoming.

The court must assume that everyone who should know, will know.

There are different forms, procedures and timelines to follow now. Also, all estate matters will now be heard at 330 University (and not 393 University). Adjust your schedules.

The executive committee of the OBA’s Trusts and Estates section has already had one informal meeting with Justice Morawetz to discuss this sudden and unexpected change. Another meeting is tentatively scheduled for December 10. Any issues with the new system will be brought up at this meeting.

Pass the word!



  1. Simon, Justice Morawetz when I was in front of him this week indicated that they hadn’t merged essentially or otherwise but that Justices of the commercial court would be available to sit on estate list matters but that scheduling and all else was to proceed as it has. I think things are in flux