- Rule 75.1 sends certain estate, trust and substitute decision lawsuits to mandatory mediation unless the court grants an exemption.
- The steps run on tight timelines, from a motion for directions within 30 days to a Statement of Issues at least seven days before the session.
- The court's directions order sets the cost of mediation and how it is shared, and parties pay the mediator directly.
When an estate is contested, many people assume the next stop is a trial. In Ontario, that is not always the case. For some kinds of estate disputes, the rules require the parties to try mediation first, before a judge decides the issues.
This article explains which proceedings are sent to mandatory mediation, where the program applies, the steps and timelines, and how costs are handled. It is general information, and the details of your dispute will matter, so it is worth confirming your situation with a lawyer.
What Rule 75.1 does
Under Rule 75.1, certain lawsuits about estates, trusts and substitute decisions are referred to mandatory mediation unless the court grants an exemption. Mediation is a structured meeting where a neutral mediator helps the people in the dispute look for a solution. The mediator does not decide who is right.
Rule 75.1.02(1) makes mediation mandatory in certain estates proceedings, including contested passings of accounts, claims against an estate, and proceedings under the Substitute Decisions Act, 1992. Not every estate dispute is on that list, so whether your matter is covered depends on what kind of proceeding it is.
- Contested passings of accounts, where a beneficiary or other interested person disagrees with the accounts an estate trustee presents.
- Claims against an estate.
- Proceedings under the Substitute Decisions Act, 1992, which deals with powers of attorney and guardianship.
Where the program applies
The Ontario government says the Mandatory Mediation Program operates in Toronto, Ottawa and Windsor. The exact geographic scope and the dates that apply are set out in Rule 75.1.02, so check the current version of that rule on e-Laws or ask a lawyer to confirm whether your case falls inside the program.
If your matter is outside those areas, mediation is not automatic under Rule 75.1. Whether mediation could still become part of your case depends on your situation and on where your case will be heard, so it is worth confirming with a lawyer.
The steps and timelines
Mandatory mediation runs on short deadlines. Missing one can create delay and extra cost, so keep track of the dates from the start.
| Step | Timing |
|---|---|
| Person who started the proceeding moves for directions | Within 30 days after the last day for submitting a Notice of Appearance (Form 75.4) |
| Parties choose a mediator | Within 30 days of the order giving directions |
| Mediator gives notice of the session | At least 20 days' notice |
| Each party provides a Statement of Issues (Form 75.1C) | At least seven days before mediation |
The Statement of Issues is your written summary of what is in dispute. Think carefully about what it says, and gather your supporting documents early. A lawyer can help you prepare it so it reflects your position clearly.
Who pays for mediation
In Rule 75.1 estate mediations, the court's directions order sets the cost of mediation and how it is shared. Under the program, parties pay mediators directly. How much each person pays depends on what the directions order says, so read it closely when you receive it.
Because the directions order is where the cost of mediation and its sharing are set, it is worth checking it against your budget. How this fits with the other costs of your dispute depends on your situation, so it is worth confirming with a lawyer.
How mediation fits with the court process
Mediation does not replace the court's role. Rule 75.06 gives the court considerable discretion and flexibility to set a process for resolving a contested estate. Mandatory mediation is one part of that larger process.
In the Toronto Region, the Estates List of the Superior Court of Justice hears estate, trust and capacity matters, including Rule 74 and 75 proceedings and guardianship proceedings. A party seeking an urgent Estates List hearing must complete an Urgent Hearing Request form through the Ontario Courts Public Portal. For motions and applications, parties must file a costs outline through the Portal before the hearing. Procedures differ by region, so check the practice direction for the court where your case will be heard.
What to do next
- Confirm what kind of proceeding you have and whether it falls under Rule 75.1.
- Check the current Rule 75.1.02 on e-Laws to see whether your location is covered.
- Calendar every deadline from the Notice of Appearance onward.
- Gather the accounts, will, and other documents you will need for your Statement of Issues.
- Read the directions order carefully for how mediation costs are shared.
- Speak with a lawyer before you commit to a position, especially if you are an estate trustee or a beneficiary with a lot at stake.
Frequently asked questions
Can I skip mediation in an Ontario estate dispute?
Cases covered by Rule 75.1 are referred to mandatory mediation unless the court grants an exemption. Whether an exemption could apply in your case depends on your facts. A lawyer can advise you.
Does mandatory mediation apply everywhere in Ontario?
The Ontario government says the Mandatory Mediation Program operates in Toronto, Ottawa and Windsor. Check the current Rule 75.1.02 on e-Laws for the exact scope. Whether mediation could still come up in another location depends on your situation, so it is worth confirming with a lawyer.
How much notice do I get before the mediation session?
The mediator must give at least 20 days' notice of the session. Each party must also provide a Statement of Issues (Form 75.1C) at least seven days before mediation.
Who pays the mediator?
The court's directions order sets the cost of mediation and how it is shared. Under the program, parties pay mediators directly.
Sources
- Superior Court of Justice – Consolidated Practice Direction for the Toronto Region, Part F — ontariocourts.ca
- Ontario.ca – Mandatory mediation for civil cases — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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