Estate Planning

Summary Trial

By Hull & Hull LLP

In a recent edition of the OBA Estates and Trusts Section newsletter, Deadbeat, Justin de Vries wrote an article commenting on the summary trial and how it can be a way to curb the costs of estate litigation (in claims of $50,000 or less).  This article is worth a read, and I thought in today's blog I would add my voice to his chorus.

While counsel may often overlook the option of summary trial (in Rule 76 of the Rules of Civil Procedure), there is no reason that it shouldn't be invoked in certain estate disputes.  At a minimum, some thought should be given to it before the pre-trial stage, since the pre-trial judge or master can decide what mode of trial is appropriate if no agreement has been reached between the parties before that time.

Some of the cost-saving measures of a summary trial include the following:

1. Evidence in chief is to be adduced by affidavit.

2. A party wishing to cross-examine the deponent on an affidavit, which can be done orally, can take no more than 50 minutes.

3. Closing arguments can take no more than 45 minutes for each party.

Proceeding by way of summary trial may also lead to a comparatively quick result and correspondingly lower cost awards.  Something worth considering…

Thanks for reading,

Natalia

Full post as published by Toronto Estate Law Blog on June 03, 2008 (boomark / email).