HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Francisco Romero Astorga
Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by The Ministry of Community Safety and Correctional Services
Respondent
INTERIM DECISION
Adjudicator: Josée Bouchard Date: August 25, 2017 Citation: 2017 HRTO 1104 Indexed as: Astorga v. Ontario (Community Safety and Correctional Services)
WRITTEN SUBMISSIONS
Francisco Romero Astorga, Applicant Shane Martinez, Counsel
Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community Safety and Correctional Services, Respondent Lynette D’Souza, Counsel
INTRODUCTION
1On August 4, 2017, the Tribunal issued Interim Decision 2017 HRTO 1008 (“first Interim Decision”) indicating that counsel for the applicant must obtain a Certificate of Appointment of Estate Trustee if he wished to proceed with this Application. The Tribunal ordered that within 14 days of the first Interim Decision, counsel must confirm whether he intends to obtain a Certificate.
2On August 10, 2017, counsel for the applicant confirmed that he would be seeking a Certificate of Appointment of Estate Trustee or the equivalent legal documentation in Chile.
3On August 10, 2017, the respondent filed submissions arguing that, based on the Rule 74.09 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, it appears that an appointment of an estate should be made in Ontario. Consequently, the respondent requests that the Tribunal order that the applicant provide a Certificate of Ancillary Appointment of the Estate Trustee.
ANALYSIS AND DECISION
4The grant of probate and the appointment of a personal representative in another jurisdiction does not give that person a title or power over the assets of the deceased in Ontario. The Rules of Civil Procedure provide procedures for a foreign estate trustee to seek recognition of his or her powers over estate assets in Ontario. See Albert Applegath III (Re Estate of), 2014 ONSC 2942. Assuming there is a will and an estate trustee has been appointed by a court having jurisdiction outside Ontario, it appears that the Rules of Civil Procedure provide a process under Rule 74.09 to apply for a Certificate of Ancillary Appointment of an Estate Trustee.
ORDER
5For the reasons set out above, counsel for the applicant must obtain a Certificate of Ancillary Appointment of an Estate Trustee from an Ontario Court (“Ontario Certificate”) if he wishes to proceed with this Application. Within 14 days of this Interim Decision, counsel for the applicant must confirm with the Tribunal, copying the respondent, whether he intends to obtain an Ontario Certificate. If he does not intend to obtain an Ontario Certificate or does not confirm his decision with the Tribunal within 14 days of this Interim Decision, the Application may be dismissed as abandoned. If counsel for the applicant does confirm with the Tribunal that he intends to seek an Ontario Certificate, the Tribunal will set a deadline for the filing of the Ontario Certificate.
6I am not seized of this matter.
Dated at Toronto, this 25^th^ day of August, 2017.
“Signed by”
Josée Bouchard Vice-chair