Can I Force a Trustee to Give Me Trust Accounts and Documents in Ontario?

A beneficiary who is kept in the dark has a formal route: a person who appears to have a financial interest in an estate may bring a motion for an order requiring the estate trustee to pass accounts. What information you can demand outside that process depends on the trust document and the facts, so a lawyer can confirm.

Passing accounts is a court process. The trustee files the accounts verified by affidavit, a copy of the certificate of appointment and any earlier judgment on passing of accounts, and the court issues a notice of application to pass accounts. The notice and a draft judgment must be served on everyone with a contingent or vested interest, at least 60 days before the hearing in Ontario or at least 75 days before if outside Ontario.

If you object to the accounts, you must serve and file a notice of objection at least 35 days before the hearing date. A judge of the Superior Court of Justice fixes a trustee's allowance, though it may be settled without an action, unless the trust document sets it. The general limitation period is two years from when a claim was discovered, so it is worth getting advice early.