Acts and Regulations

Rule-11 - REPRESENTATION ORDER

Full text
Current to 1 January 2024
PARTIES AND JOINDER
RULE 11
REPRESENTATION ORDER
11.01Representation of an Interested Person who Cannot be Ascertained
(1)In a proceeding concerning
(a) the interpretation of a deed, will, contract or other instrument or the interpretation of a statute, order-in-council, regulation, local government by-law or resolution,
(b) the determination of a question arising in the administration of an estate or trust,
(c) the approval of a sale, purchase, compromise or other transaction,
(d) the approval of an arrangement under Part 5 of the Trustees Act,
(e) the administration of the estate of a deceased person, or
(f) any other matter where it may seem necessary or desirable,
the court may appoint one or more persons to represent any persons, including
(g) unborn persons,
(h) unascertained persons, or
(i) persons who cannot readily be ascertained, found or served,
who have a present, future, contingent or unascertained interest in, or may be affected by, the proceeding.
(2)Where an appointment is made under paragraph (1), a judgment in the proceeding is binding upon a person so represented, unless the court orders otherwise in the same or a subsequent proceeding.
(3)Where, in a proceeding under paragraph (1),
(a) a compromise is proposed,
(b) a person represented in the proceeding is not a party, and
(c) the court, if satisfied that the compromise
(i) will benefit that person, and
(ii) ought to be approved,
the Court may approve the compromise and order that it be binding upon that person.
(4)An Order made under paragraph (3) shall bind the person represented unless it was obtained by fraud or nondisclosure of material facts.
85-5; 2015, c.22, s.5; 2017, c.20, s.87
11.02Representation of a Deceased Person
Where the estate of a deceased person has an interest in a matter in issue in a proceeding and there is no personal representative, the court may proceed in the absence of a person representing the estate of the deceased person or appoint a person to represent the estate for the purposes of the proceeding, and a judgment in the proceeding shall bind the estate of the deceased person to the same extent as it would have been bound had a personal representative of that person been a party to the proceeding.