Can a passing of accounts be approved entirely on affidavit evidence without an in-person hearing in Ontario?
Yes, this is common where the accounts aren't actually disputed. Where every interested party has been given proper notice, no one has filed a formal objection, and the accounting itself appears complete and properly supported, a passing of accounts can often proceed and be approved based on the written material filed with the court — the accounts themselves, supporting affidavit evidence, and confirmation that notice requirements were met — without everyone needing to show up for an in-person hearing.
This uncontested route is significantly faster and less costly than a hearing, which matters given that a contested passing can otherwise involve real legal expense that eats into what beneficiaries ultimately receive. It's precisely why trustees are encouraged to prepare clean, well-organized, properly supported accounts from the outset — an accounting that raises obvious questions is less likely to move through this streamlined path.
The moment a genuine objection is filed, though, this changes — the matter shifts toward requiring an actual hearing where the disputed items can be argued and tested, rather than being resolved on paper alone. Anyone hoping for the faster, affidavit-only route should focus on getting the accounting itself right, since that's what keeps a passing uncontested in the first place.
Key takeaways
- Uncontested passings can often be approved on written and affidavit material without a hearing.
- Proper notice and a complete, well-supported accounting are prerequisites for this streamlined path.
- A filed objection generally shifts the matter toward requiring an actual hearing.
- Getting the accounting right from the outset is what keeps the process uncontested.